What is Assault and Battery?

A one sided allegation of a push without anything else is all that is needed for the police to charge you with assault and battery.

It might seem silly, but any forceful, violent, or even offensive touching to another person, or even something closely connected to them, such as something they are holding can legally count as a battery.

What are the Penalties for Assault and Battery?

There is nothing simple about simple assault and battery.

Assault and Battery can result in 93 days jail under Michigan law, MCL 750.81.

What Are the Defenses to Assault and Battery?

Assault and battery charges are defendable. You are legally entitled to defend yourself, you are legally entitled to defend other people who need defending, and you are legally entitled to defend your property.

Aaron J. Boria, PLLC has successfully defended and won numerous assault cases. Many of the cases we appear on are dismissed without ever going to trial or filing a motion. Others have been taken to trial where we have obtained multiple “Not Guilty” jury verdicts.

What is the penalty for domestic violence?

Domestic violence (also referred to as domestic assault) cases have three levels of severity, a 93-day offense, 1-year misdemeanor, or a 5-year felony. Under MCL 750.81(2) Police and prosecution can seek Domestic Violence charges when the people involved dated, lived together, or are related in someway. Like simple assault, the allegations of a mere push are all that is needed for prosecution to charge domestic violence.

What is aggravated domestic violence?

In order for prosecution to charge you with Aggravated Domestic Violence they must prove the alleged victim suffered a serious injury. A “serious injury” in an Aggravated Domestic Violence case is the same as in an Aggravated Assault case. Defined by law, a serious injury means an injury that requires immediate medical treatment, causes disfigurement, impairs health, or impairs part of the body.

The 5-year felony offense is charged when the defendant has prior conviction for domestic violence.

Spousal Privilege

The spousal privilege allows the spouse of a party involved in a lawsuit to refuse to testify against their significant other. For example, if I were charged with an assault after I was accused of starting a fight at a bar where I was with my wife and my wife witnessed the events then she could invoke the spousal privilege and refuse to testify against me.

The Court of Appeals has ruled that the privilege does not belong to the accused spouse (myself in the above scenario) but it belongs to the witness spouse (my wife). This means that I cannot prevent my wife from taking the stand, she has to make the choice and decline to testify.

A requirement of the privilege is that the parties were married at the time the event occurred. If it occurred prior to marriage the privilege will not apply, so you cannot run off and get married to prevent your spouse from testifying against you.

Spousal Privilege and Domestic Violence

The major exception to the spousal privilege is that it cannot be invoked in a criminal case arising from harm caused to the spouse holding the privilege. Meaning, if my wife accused me of assaulting her and that accusation resulted in me being charged with domestic violence, my wife would not be allowed to claim spousal privilege to avoid testifying against me.

What is Aggravated Assault?

To be charged with Aggravated Assault the prosecutor must be able to prove that a “serious injury” occurred as a result from the batter.

What is a Serious Injury?

Defined by law, a serious injury means an injury that requires immediate medical treatment, causes disfigurement, impairs health, or impairs part of the body.

What is the penalty for Aggravated Assault?

MCL 750.81(1) makes aggravated assault a misdemeanor, with a maximum penalty of a year in jail and a fine of $1,000.00 plus court costs

If you have a prior conviction for domestic violence and are later charged with aggravated assault in a domestic violence situation you face a felony with the maximum possible penalty of 5-years in prison and a fine of $5,000.00 under MCL 750.81A(3).

Defenses to Aggravated Assault

Remember, self-defense, defending another person, and accident are always defenses to an aggravated assault offense.

What is felonious Assault?

Assault with a Dangerous Weapon, or Felony Assault as it is more commonly known is laid out in Michigan law MCL 750.82. The prosecutor must prove that the defendant used a “dangerous weapon” to commit the assault and/or battery.

What is a Dangerous Weapon?

If an object is used in a way likely to cause serious injury it is a dangerous weapon under Michigan law. MCL 750.82 lists guns, knifes, an iron bar, a club, and brass knuckles as dangerous weapons; however, the court has held that cars, 22-calibder pellet gun, a booted foot, a flashlight, a dog, and even a can of aerosol spray can be considered dangerous weapons.

The court has held that bare hands and even teeth are not dangerous weapons under the Michigan law.

What is the Penalty for Assault with a Dangerous Weapon?

The maximum penalty for assault with a dangerous weapon is up to 4-years in prison, but can be increased if the offense happened in a school zone under MCL 750.82(2).

What are the Defenses to Assault with a Dangerous Weapon?

Acting in self-defense, the defense of another person, defending your property or a simple accident are probably the most common defenses to felonious assault.

What is Assault by Strangulation?

Michigan law, MCL 750.84, defines assault by strangulation as a battery that is intended to impede the persons breathing by applying pressure to the throat or neck, or by blocking their nose or mouth.

What is the Penalty for Assault by Strangulation?

Assault by strangulation is a felony punishable by up to 10 years in prison and a fine of up to $5,000.00, MCL 750.84(1).

Assault by Strangulation Defense

If you were defending yourself, someone else, or your property you are not guilty of assault by strangulation. Assaults cannot happen by accident, so if your actions were on accident or unintentional you are not guilty of assault. Another common defense is that your accuser is lying.

If the prosecutor cannot prove all of the elements of the crime the person is not guilty. For instance, batteries cannot occur on accident. If the offensive touching was an accident the person is not guilty.

A person acting in self-defense is not guilty of assault or domestic violence.

A conviction for Assault With the Intent to Murder (AWIM) can only be sustained when the prosecution can prove beyond a reasonable doubt that the assault committed by the defendant was intentional, with the intent to kill, and without acting in defense.

The maximum penalty for Assault With the Intent to Murder is life in prison. Accident, self-defense, defending another, lack of intent, and acting on impulse are all defenses to AWIM. Aaron J. Boria, PLLC has successfully obtained dismissals in AWIM cases. Contact our office today for a free consultation.

If the prosecutor cannot prove all of the elements of the crime the person is not guilty. For instance, batteries cannot occur on accident. If the offensive touching was an accident the person is not guilty.

A person acting in self-defense is not guilty of assault or domestic violence.

If you are charged with an assault offense and are claiming that you acted in self-defense the prosecution has to prove beyond a reasonable doubt that you didn’t act in anything but self-defense, you don’t have to prove anything.

By law, a person has the right to use force to defend themselves. As long as the person is acting in lawful self-defense their actions are justified and they are not guilty of an assault.

Self-Defense Law in Michigan

A jury would be told to take into consideration the facts and circumstances as they appeared to the person claiming self-defense.

A person claiming self-defense cannot be engaging in the commission of a crime at the time they are using self-defense. MCL 780.972(1) and (2).

If deadly force is used in self-defense

Michigan law, MCL 780.972(a) and (b), requires the person claiming self-defense must honestly and reasonably believe that deadly force is necessary to save their life, to save themselves from imminent great bodily harm, or to save themself from a sexual assault.

If non-deadly force is used for self-defense

the person claiming self-defense honestly and reasonably believes that the use of that force is necessary to defend themselves, or another individual, from the imminent unlawful use of force by another individual. MCL 780.972(2).

Even if you used words that resulted in the other person attacking you the law would still allow you to claim self-defense.

What happens if I violate the No Contact order?

If you are the defendant then violating the No Contact order can result in being held in contempt and facing fines and jail time, loosing your bond money and being forced to pay an additional bond, or face additional bond conditions.

If you are the person that the judge has ordered the defendant not contact it is unlikely you will suffer a penalty as the court lack jurisdiction over you. However, the court will disapprove if you are the one pursuing contact and the defendant is abiding by court order.

Can I drop a No Contact order?

It is possible to have a No Contact order lifted or modified. In some cases they judge may allow contact for the exchange or property of child visitiation. If you are the person that the defendant has been ordered not to have contact with you could appear in court and ask that the no contact order be lifted. You have to ask as opposed to the defendant asking because the court will see the order as being in place for your protection.

Depending on the case, it is possible that the prosecutor may object to bond modifications of the no contact order. It is also possible that the judge may not grant it. Not always, but in most cases the judge is willing to lift the no contact order if that is what everyone involved wants.