What is Assault and Battery?
An assault charge, like any criminal charge, is made up of elements. The prosecutor, that is the lawyer against you who wants you to go to jail, must prove each and every element beyond a reasonable doubt. If the prosecutor fails to prove any of the charges you must be found not guilty.
The elements of assault are as follows:
- You made someone believe that you were going to hit them or cause something to hit them.
- You had the ability to hit them or make something hit them.
- You carried out the threat and either hit them or made them thing they were about to be hit.
- It was your intention to make contact with them or put them in fear of being hit.
Defending Assault Charges in Michigan
There are many ways to defend against assault and battery charges. Every case is different so your case may have a different defense then the defenses listed below.
If you never intended to hit any one, and an accident caused someone to get hit or caused him or her to be in fear of getting hit then you are not guilty of assault.
If you were attacked, or about to be attacked, and you acted in self-defense then you are not guilty of assault.
If another person, even a perfect stranger, was being attacked and you jumped in swinging to save them then you are not guilty. The defense of another is a defense to assault in Michigan.
Perhaps the victim made the entire thing up.
Perhaps someone else assaulted the victim and you were misidentified.
There are many other defenses to assault, but these are some very common ones.
Assault and Battery Lawyer
Charged with assault and battery in Michigan? Contact Michigan assault lawyer, Aaron J. Boria, PLLC (734) 453-7806.
Criminal lawyer, Boria has handled assault cases at both the misdemeanor and felony level all over the state of Michigan. Boria has won jury trials as well as obtained dismissals at both the misdemeanor and felony level.
If you are facing assault charges then you need to call Boria today.