Whenever you see a brawl at a bar, or a fight at school, what you observed was an assault and battery under the law. There is a distinction between the two but they are typically together because they go hand and hand. Assault and battery penalties are varies depending on who is involved (stranger, boyfriend, minor, etc.), if an object or weapon was used, and the type of injury sustained (bruise, strangulation, coma, etc.). If you found yourself in a situation where you were either charged with assault and battery or a victim, the criminal defense and DUI lawyers at Hilf & Hilf, PLC, can provide you with experienced and honest legal assistance.
To understand the difference between assault and battery in Michigan, you must first determine intention and contact. First, assault actually falls under two categories. The first is having the intention to cause physical injury to someone else or even intentional threat of action. Intentionally striking an individual with any type of object or your hand is assault. A simple push can constitute an assault and battery.
Since assault is intention of harming someone, battery is the actual contact from the assault. A few examples of this would be actually using the weapon to hurt the individual or punching another individual with your hands. Once there is contact from the offender to the victim, then battery has been committed. Michigan will combine the crimes as “assault and battery” because they essentially complete each other as a violent process. Whenever you have battery, you will always have assault beforehand because there was that impending violence then the actual violence.
In Michigan, assault and battery can be a misdemeanor. Examples of misdemeanor assault and battery related offenses include: disorderly person (jostling) assault and battery, aggravated assault, domestic violence first offense, domestic violence second offense. Examples of felony assault and battery related offenses include: Domestic Violence third offense; Felonious assault; Assault by Strangulation; Assault with intent to cause Great Bodily Harm; Mayhem; Assault with Intent to Murder; Mayhem. In addition to incarceration, the possible penalty includes probation with conditions (community service, anger management, classes, counseling, alcohol and drug testing, alcohol and drug rehabilitation, reporting to a probation officer, no possession of weapons, etc.). Whenever a conviction occurs, the Court always collects fines and costs. Restitution may be ordered to compensate the complainant’s medical bills and psychological counseling if the same was related to the injury sustained.
There are several defenses that may prevent a conviction to occur. The defenses to assault and battery related offenses include: self defense; defense of others; mutual affray; lack of identity; insanity; credibility of the witnesses, and reasonable doubt. An experienced criminal defense lawyer is in the best position to evaluate the case for you and prepare any defenses to help you receive the best possible outcome.
If you are currently facing an assault and battery charge, don’t hesitate to contact an assault lawyer to help you through this tough time. Give us a call at 248-792-2590 to schedule a free consultation today.