Assault and Battery can a mMsdemeanor or Felony Depending on the Severity, any injuries and If a Weapon Was Used.


Assault and Battery: They are Two Different Crimes

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 element of the crime of Assault and Battery beyond a resolvable doubt, an experienced Assault and Battery Defense Lawyer examine the facts and fight for your rights.

A battery 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 against you. 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.

Penalties for Assault Convictions

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 defendant faces a possible prison sentence.

  • Misdemeanor Assault and Battery – A person who assaults or assaults and batters an individual,,is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both
  • Domestic Violence –an individual who assaults or assaults and batters his or her spouse, former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
  • Assault and Battery Assault and Battery2nd Degree – An individual who commits an assault or an assault and battery and who has previously been convicted of assaulting and/or battering an individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both
  • Assault and Battery 3rd DegreeAn individual who commits an assault or an assault and battery and who has 2 or more previous convictions for assaulting or assaulting and battering an individual is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both
  • Aggravated Assault and Battery – If you injure the victim or use a weapon, the charges will be a felony, you proably will spend several years in prison, and you will lose many of your Constitutionsl rights.

Diversion Programs Available to Assault Offenders

Domestic Violence is considered an Assault but is considered a little different if there is a relationship or there was a relationship between the parties involved. For instance, a former girl or boy friend or even a roommate. If there is a domestic relationship between the accused and the alleged victim, the if this is a first-time offender, then the accused would be eligible for MCL 769.4a which is diversion program designed to keep the conviction off your record and require some sort of anger management or domestic violence program designed to help- make sure a similar situation does not happen again and the State becomes involved again.

Diversion Programs Available to Assault Offenders

There are Diversion Programs available to some first time offenders. An experienced Assault 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. Schmierlaw can help.


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Law Office of James G. Schmier, PLLC
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Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com