Assault and Battery are two different crimes. An assault charge does not require that any contact be made between the accused and the alleged victim. All that is required is that the accused placed another person in reasonable apprehension of an imminent battery. An example would be a case where the accused picks up a baseball bat and swings it at the victim. Even if the suspect makes no contact with the victim, the crime of assault has been committed because the victim will have been placed in fear of getting injured by the accused. On the other hand, if the accused was standing 50 feet away from you and couldn't hurt you in any way, then there is no assault.
In addition, if the alleged victim did not see the accused assaulting them, for instance had their back to them when the accused swung the bat, then the victim could not have been placed in fear having not seen the threat. In this case, there would not be an assault and the case could be dismissed. The law requires the prosecutor to prove all the elements of the crime of Assault and Battery beyond a reasonable doubt. An experienced Assault and Battery Defense Lawyer will examine the facts, uncover any issues, and make sure there was really an assault in the first place.
A Battery, on the other hand, is the actual touching of someone when you have not been given permission to touch them. Even a small love tap could be considered a battery depending on the circumstances. Even throwing your car keys at someone in a fit of anger could result in assault and battery charges. And if by some unlucky chance the keys were to strike someone and leave a small mark, it's now aggravated assault or worse.
If you or someone you know is accused of assault and battery, contact experienced Assault and Battery Defense Lawyer, Schmierlaw for an initial, no-cost consultation. At Schmierlaw we win and are committed to providing you the best criminal defense possible.
In some cases assault can be charged as a misdemeanor punishable by up to 93 days in jail plus a fine . In other cases, assault can be charged as a felony offense where the accused faces a possible prison sentence. Whether an assault is charged as a misdemeanor or felony may depend on certain factors such as a person's prior history, whether weapons were used and if there were any injuries, the number of people involved, the likelihood of serious injuries, amongst others.
Penalties for first-time offenders could include up to 93 days in jail, counseling. anger management classes, and probably some community service. Plus, if you are convicted you will have the conviction on your record, pays lots of fines and court costs, and may lose your right to possess a firearm.
There are Diversion Programs available to some first time domestic violence offenders. An experienced Assault and Battery Attorney can determine whether you are eligible for these diversion programs or even negotiate with the Prosecutor to allow, non-eligible offenders to qualify for diversion. So, it the Prosecutor agrees and this is a first-time offender, then the accused could be eligible for MCL 769.4a which is diversion program designed to keep the conviction off your record. Schmierlaw can help by having experience in the court and understanding the effect a conviction for Assault and Battery will have on you.
For experienced, aggressive and affordable criminal defense if you are charged with Assault and Battery, contact Schmierlaw for winning criminal defense.
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