The charge “assault and battery” sounds incredibly violent, but most offenders charged with the crime have little to no criminal history. Often those charged with assault and battery simply did something out of character or the victim emphasized/lied about the severity of the offender’s actions. In Michigan, the law categorizes these crimes as either assault or “assault and battery,” and the offense of “battery” is never a standalone crime. In either scenario, the offender could face serious penalties including possible time in jail or prison.
If you or someone you know has been charged with assault or assault and battery, then we highly encourage you to gain legal representation immediately. Although most offenders are nonviolent, if you’re convicted you will now have a violent crime on your record. That marked record could impact your future opportunities for employment, licensing, or housing. Be proactive about your defense now by hiring a skilled defense attorney at Dallo Law, P.C..
Defense Attorney for Assault and Battery in Oakland County, MI
When faced with charges of assault or assault and battery, you need an experienced and aggressive legal team that can help you fight your charges. Find that firm today by contacting J. Dallo of Dallo Law, P.C.. Attorney Dallo has a proven track record of success defending individuals of violent crimes which includes assault, aggravated assault, and assault and battery.
Get started on your defense today by calling violent crimes attorney J. Dallo of Dallo Law, P.C. at (248) 283-7000 for a free consultation. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Bloomfield Hills, Clinton Township, Romeo, Roseville, St. Clair Shores, Warren, Sterling Heights, Troy, Novi, Royal Oak, Clarkston, Southfield and Novi.
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Assault and Battery Laws in Michigan
When you hear the terms assault and battery you may think of these as two separate offenses. However, that is a misconception under Michigan law. In Michigan, assault is when a person attempts to physically injure another. For example, if a person attempts to strike someone, then that would be considered assault. It can also include any intentional unlawful act or threat of action that could cause a reasonable person to fear injury.
Battery, on the other hand, is when a person carries through with their assault by inflicting violence or force against the other person. Punching or hitting another person, for instance, is an example of battery under Michigan law. While assault can be a standalone charge, battery cannot. The state of Michigan defines these crimes as either assault or “assault and battery” because the law views battery as a completion of the violent process. The process beginning with a threat or attempt to injure—assault—and ends in physical forceful contact—that being battery.
Under the Michigan Penal Code section 750.81, the penalty for simple assault and battery is up to 93 days in jail with a possible fine of up to $500.
Types of Assault and Battery Crimes Under Michigan Law
The penalties for assault and battery may be enhanced if certain factors surrounding the case are found to be true by the court. Other outside factors may affect sentencing as well such as the offender’s prior criminal history and their intent when committing the crime. Listed below are the elements and penalties of different assault and battery crimes in Michigan.
Assault with a Weapon or with Intent to Cause Bodily Harm/Death
Assaulting a person with a weapon or with intent to cause bodily harm or death in Michigan will lead to enhanced penalties. Some examples of a dangerous weapon under Michigan law includes a firearm, knife, club, or brass knuckles. It’s important to note the person can only be charged with this crime if they threatened another person, not if they actually went through with their plans and injured them.
The penalties for assault with a weapon are under section 750.82 of the Michigan Penal Code, which states you could be charged with a felony. The crime is punishable by up to 4 years imprisonment and a fine of up to $2,000. The court may enhance the penalties even further if it’s found the crime was committed within a weapon free school zone.
As with most violent crimes, the penalties are elevated if the alleged victim sustains serious injuries. Committing battery by strangling or with intent to cause bodily harm to the victim, but not death, will be charged with a felony. If a conviction occurs, the offender will face up to 10 years in prison and a fine of up to $5,000. Committing assault and battery with the intent to murder the victim may result in life imprisonment according to section 750.83 of the code.
Assault and Battery While Committing a Felony
Committing another felony during the commission of an assault and battery will lead to enhanced penalties. Under the Michigan Penal Code section 750.87, the punishment for assault and battery while committing a felony is up to 10 years in prison and a fine of up to $5,000.
If an unarmed offender commits assault and battery during the course of a robbery, then they’ll be sentenced to up to 15 years in prison under the Michigan Code section 750.88. The penalties will be elevated even further if the assailant was armed with a dangerous weapon such as a gun, knife or brass knuckles. Depending on the circumstances, the penalty for armed assault and battery while committing robbery is up to life in prison.
Assault on a Family or Social Services Worker
Assaulting a social service worker or employee of a family independence agencies will result in an enhanced prison sentence and fine. According to the Michigan Penal Code section 750.81c, assaulting a social service worker will result in a misdemeanor punishable by up to 12 months in prison and a fine of up to $1,000.
If the offender assaults and batters the social worker and it results in physical injury, then the crime is elevated to a felony punishable by up to two years in prison. The consequences will be enhanced even further to up to 5 years imprisonment if the social worker experiences an impairment of bodily function as a result of the attack.
Assault on a Police Officer or Other Person on Duty
Michigan law provides several added protections for persons involved in certain professions. Under Michigan Code section 750.81d, the penalties for assault and battery are enhanced if the crime is directed towards a police officer, firefighter, or an emergency responder who is actively performing their official duties. Committing assault and battery against these persons will result in up to 2 years in prison with a fine of up to $2,000. If the act causes an injury requiring medical care, then the sentence will be enhanced to up to 4 years imprisonment.
The penalty for assault and battery will increase if the person on duty sustains impairment of one of their bodily functions because of the attack. The offender will instead face up to 15 years in prison and a possible fine of up to $10,000. Lastly, if the event results in the death of the person on duty, then the offender may face up to 20 years in prison and a $20,000 fine.
Additional Resources
Michigan Assault and Battery Laws – Visit the official website for the Michigan Legislature to learn more about their assault and battery laws. Access the site to learn the difference between assault and battery, the various enhancements for assault and battery, and other information.
Michigan Criminal Procedure | Rules of the Court – Visit the official website for the Michigan Courts to read their criminal procedure rules. Access the document to learn the different phases of a criminal trial, how pleading works, the purpose of statute of limitations, and other various helpful information for your upcoming court dates.
Assault and Battery Attorney in Oakland County, Michigan
Only a professional familiar with criminal law and extensive experience representing violent crimes should take on an assault or assault and battery case. If you or someone you know has been accused of assault or assault and battery, consult J. Dallo of Dallo Law, P.C. today. Both attorney Dallo and his legal team will investigate every aspect of your case and diligently work until they’ve determined the best course of action.
Get started on your defense as soon as possible by contacting J. Dallo at (248) 283-7000. Dallo Law, P.C. is located in Bloomfield Hills, but has offices throughout the greater Oakland County and Macomb County area.