Is an Assault & Battery a Felony in Michigan?

Whether an assault and battery charge is a misdemeanor or a felony depends on the case’s facts and if you have a prior criminal record. Your criminal defense attorney can get an assault or battery charge minimized or thrown out altogether in many cases.

Davis Law Group knows how to negotiate with the prosecutor and get you the best outcome possible. Call our legal team today at (313) 818-3238 or use our online contact form.

Assault & Battery Can Be a Misdemeanor or a Felony

Assault has many sides to it. In Michigan, the crime is:

• An attempt to cause physical injury to the alleged victim
• An intentionally unlawful act or threat of action
• When the accused appears to have the ability to execute the threat, and the action involved by the accused causes a person to fear impending violence

Under Michigan law, battery is the infliction of force or violence against another. It’s the result of the threat or the attempt to injure another, ending in physical contact. What starts as an assault can end with a battery, resulting in an assault and battery charge. Those involved in a fight might both face the same charge.

These crimes are charged as a misdemeanor or a felony, depending on the situation. Potential jail time varies from 93 days to life in prison, based on several issues, including the victims involved, whether a weapon or object was used, and the type of injury incurred.

When is Assault & Battery Charged as a Misdemeanor?

When assault or battery is committed without the use of a dangerous weapon, it is commonly charged as a misdemeanor, except in cases involving domestic violence and other specific victims, including police officers and emergency medical personnel. Other than those exceptions, assault and battery that produces serious injury to another individual is defined as aggravated assault and battery and although punishable with longer jail time, it is still considered a misdemeanor.

Misdemeanor assault and battery charges include:

• Simple assault and battery
• Domestic violence assault and battery
• Aggravated domestic violence assault and battery
• Assault and battery crimes committed against specific victims (public utility workers, pregnant women, and family agency employees)
• Causing harm to an embryo or fetus

Aggravated assault and battery that causes serious injury to another are also misdemeanors, though the possible jail time is longer.

When is Assault & Battery Considered a Felony?

Assault can be a felony if it’s made with the intent of causing great bodily harm, committing murder, or another felony. Assault and battery can be a felony if perpetrated against law enforcement, a human services worker, or a pregnant woman. Both assault and battery is a felony if it involves a dangerous weapon.

Another reason these crimes can be felonies is your past criminal record. If you have two or more prior convictions for domestic assault or assault and battery, you’ll be charged with a felony for the new offense.

Specific Penalties for Michigan Assault & Battery Felonies

Different felony charges in Michigan have unique punishments, so defending yourself is key to avoid getting convicted.

Domestic Violence Assault and Battery

A defendant having two or more previous convictions for domestic assault or assault and battery will be charged with a felony for the new offense and face the following possible penalties:

• Up to two years in prison
• Maximum $5,000 fine
• Five years of probation
• Restitution to the victim

Aggravated Domestic Assault and Battery

A defendant having at least one previous conviction for domestic assault and battery of any kind will be charged with a felony for the new offense and face the following possible penalties:

• Maximum of two years in prison,
• Maximum $5,000 fine
• Five-year probation
• Restitution

Additional Felony Conviction Consequences

A conviction on felony assault & battery can affect various aspects of your life in significant ways. In addition to the criminal penalties you face, you may lose your right to carry a firearm, vote, serve as a juror, and hold public office. You also risk losing any professional licenses you have.

If you have previous felony convictions on your record, a future conviction may subject you to a more serious charge and/or harsher penalties in your new case. As well, if you have a felony conviction, your prospects of finding a new job or receiving approval to rent an apartment or house may be difficult.

Defending Yourself Against an Assault & Battery Charge

Defenses to these charges depend on the facts of the situation. A common one is self-defense. You may not deny what you said or did. You would assert you were justified in protecting yourself or others.

Under Michigan law, you do not need to retreat and can defend yourself if you’re not committing a crime and you’re in a place you have a legal right to be and:

• You may use deadly force if you honestly and reasonably believe it’s necessary to prevent the imminent death, great bodily harm, or a sexual assault on yourself or another
• You can use less than deadly force if you honestly and reasonably believe it’s needed to defend yourself or another from the imminent unlawful use of force

You could also defend yourself by claiming the incident never happened or, if it did, another person committed the crime. If you have evidence, you could claim you were somewhere else at the time. If witnesses are claiming you were involved, their credibility might be questioned.

FAQs About Michigan Assault & Battery Charges

What’s the difference between assault, battery, and aggravated assault in Michigan?

While assault involves the threat or attempt to cause harm, battery includes actual physical contact. Aggravated assault, on the other hand, refers to situations where serious injuries occur—even without a weapon. The term “aggravated” typically signals more severe consequences, especially if the victim is vulnerable or the harm is substantial. Understanding these distinctions can impact how your case is charged and defended.

Can I be charged with assault and battery even if I didn’t throw the first punch?

Yes. In Michigan, you can face assault and battery charges even if someone else initiated physical contact—especially if law enforcement believes your response was excessive. Self-defense is a valid legal defense, but it must be clearly established that your actions were necessary and proportionate under the circumstances.

How does my criminal record affect an assault and battery charge?

If you’ve been previously convicted of similar offenses, prosecutors may elevate a new charge to a felony, even if the incident itself would typically qualify as a misdemeanor. Repeat offenses often carry mandatory minimums or enhanced sentencing guidelines, so a strong legal defense is even more critical in those cases.

Will an assault and battery conviction stay on my record forever?

Unless your case is dismissed or you qualify for and successfully obtain an expungement, a conviction will likely remain on your criminal record. This can affect job opportunities, housing applications, and even professional licensing. An attorney may be able to help reduce charges or pursue options to clear your record in the future.

What happens if the victim doesn’t want to press charges?

In Michigan, once a police report is filed, the decision to pursue criminal charges lies with the prosecutor—not the victim. Even if the person involved wants to drop the case, prosecutors may move forward if they believe there is enough evidence. A defense attorney can work to challenge the case or negotiate a favorable resolution despite the prosecution’s discretion.

Contact an Experienced Michigan Assault & Battery Attorney

A misdemeanor or felony assault and battery charge can profoundly impact your life and the lives of your family. You could spend time in jail and pay a hefty fine. To avoid or reduce these consequences, get skilled and experienced legal help to protect your legal rights and freedom. There’s too much at stake to try to do it alone.

Attorney Maurice Davis is experienced with criminal law, negotiating plea bargain agreements, and representing clients at trials as a prosecutor and defense attorney. He will vigorously defend your rights and use the most effective strategies to fight for an outcome that minimizes the penalties you face.

Contact Davis Law Group at (313) 818-3238 today to schedule a free no-risk consultation.