Assault and Battery Attorneys in Lansing, MI

In jail for assault and battery chargeIf you have been charged with assault and battery in Michigan, you are NOT a bad person. You are also not guilty of the crime simply because you have been charged with the crime. Our firm sees many clients who have been in the wrong place at the wrong time or gotten themselves into a tough situation that resulted in a criminal charge. We are here to help!  If you are facing an assault and battery charge, we urge you to contact our office to discuss how our Michigan criminal defense lawyers can help you fight these charges. It is our job to see that your legal rights are not violated while helping you find the best resolution possible for your charge. Call 517-347-6900 now to speak with an attorney.

What is Assault and Battery in Michigan?

You often hear these words together, but they actually have two different meanings. Assault is an intentional act that causes fear of unwanted contact or imminent harm. To be guilty of assault, you must have “intended” to assault the person at the time you committed the offense. You can be charged with assault without being charged with battery if you did not touch or make physical contact with the person but you intentionally instilled fear of harm or physical contact.

On the other hand, battery is causing intentional physical contact with another person without consent that results in physical harm or injury. Battery can also be considered touching another person in a way that would be considered offensive to a reasonable person. In the case of offensive or unwelcome touching, you can be charged with battery even if you did not cause physical harm or injury.

What are the Punishments for Assault and Battery Convictions in Michigan?

Michigan Compiled Laws (MCL) §750.81 governs the penalties for assault and battery convictions. The various punishments for a conviction of assault and battery depend on the circumstances of the incident.

  • Unless another section of the code applies, if you are convicted of assault or assault and battery you are guilty of a misdemeanor that carries a maximum of 93 days in jail and/or a maximum fine of $500.
  • Unless another section of the code applies, if you are convicted of assault or assault and battery of your spouse, former spouse, a current or former girlfriend/boyfriend, a person you share a child with, or current or former resident of your household, you are guilty of a misdemeanor. You can serve up to 93 days in jail and/or pay a maximum fine of up to $500.
  • However, if you are convicted of assault or assault and battery with a previous conviction of the same charge against your spouse, former spouse, a current or former girlfriend/boyfriend, a person you share a child with, or current or former resident of your household, you could face up to one year in jail and/or pay a maximum fine of up to $1,000.
  • Furthermore, if you have two or more convictions of assault or assault and battery against your spouse, former spouse, a current or former girlfriend/boyfriend, a person you share a child with, or current or former resident of your household, the maximum prison sentence increases to two years and the maximum fine increases to $2,500.

The assault and battery of spouses, dating partners, household members, or partners who share a child together is typically referred to as domestic violence in Michigan. Because cases of domestic violence area taken very seriously by the courts and law enforcement officers, a simple allegation arising from a fight can lead to a charge of assault and battery. You must contact a Michigan assault and battery attorney immediately to avoid being imprisoned and charged a fine.

Michigan Aggravated Assault and Battery

Aggravated assault and battery carries a stricter penalty than simple assault and battery. If convicted of aggravated assault and battery, you face up to one year in prison and/or a fine up to $1,000 for a first offense.  The difference that raises the level to “aggravated” is the inflection of an aggravated or serious injury during the commission of the crime. For legal purposes, the courts define “aggravated or serious injury” as an injury that required immediate medical attention and resulted in impairment of health, disfigurement, or impairment of a bodily part.

Defending Assault and Battery Charges

You may believe that you are going to jail and you must pay a fine because you are guilty of the charge you are facing. Do not allow the police, the court, or the prosecutor to convince you that you are guilty until you speak with an attorney. Your best course of action is to invoke your legal right to remain silent except for requesting your attorney.  An experienced Michigan assault and battery attorney can help you develop a defense strategy that has the best chance of giving you the most positive outcome possible given the facts of your case.

Call The Clark Law Office Now for A Free Appointment

Contact our office by calling 517-347-6900 to schedule a free legal consultation with a Michigan criminal defense lawyer. We have offices in Okemos and Lansing for your convenience.