Is an Assault & Battery a Felony in Michigan?Oct 13, 2017, by Criminal Defense, Felony, Legal Blog in
Any attempt to cause physical injury to another individual is defined as assault in the state of Michigan. Additionally, any intentionally unlawful act or threat of action is defined as assault. An assault can also occur when an offender seems to have the capacity to execute the threat, and the action involved by the offender causing a person to fear impending violence.
In Michigan, battery is the actual infliction of force or violence against another individual. Although these crimes may be charged as a misdemeanor, some may also incur a felony assault and battery charge.
At Davis Law Group, we have the resources and experience to defend you in a comprehensive manner against the assault and battery charge you are facing. Attorney Maurice Davis understands how the prosecution works in these cases, and he can formulate a strong and intelligent defense on your behalf.
Call Davis Law Group today at (313) 818-3238 to set up a free case evaluation.
Assault and Battery
The law in Michigan recognizes battery as the culmination of a threat, violent process, or any attempt to injure another person which ends in physical contact. As such, together these crimes are categorized together as ͞assault and battery.
The penalties imposed for assault and battery vary based on particular factors, including the victims involved the involvement of a weapon or object, and the type of injury incurred.
Misdemeanor Assault & Battery
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
Felony Assault & Battery
Assault becomes a felony crime in Michigan when it is committed with the intention of causing great bodily harm or murder, or when it is committed with the intent of committing another felony.
Additionally, assault and battery becomes a felony when it is perpetrated against certain categories of victims, including a police officer, human services agency employee, or a pregnant woman. As well, assault or battery is categorized as a felony when it is carried out with a dangerous weapon.
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
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
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.
Contact an Experienced Michigan Assault and Battery Attorney
Misdemeanor and felony assault and battery charges can have a profound negative effect on many aspects of your life, including possible prison time and required payment of hefty fines. In order to mitigate or eliminate these consequences, you must have skilled and experienced legal help on your side.
That’s where Davis Law Group comes into play. Attorney Maurice Davis is experienced as both a prosecutor and defense attorney. He can defend your rights vigorously, using the most effective strategies to fight for an outcome that minimizes the penalties you are facing.
Contact Davis Law Group today at (313) 818-3238 to schedule a free no-risk consultation.