Assault & Battery
Published: 2023-10-26 11:11:19

Although it’s common to hear the two terms assault and battery within the same sentence when hearing about an altercation between individuals resulting in criminal charges or a civil lawsuit, there is a distinction between in Michigan when it comes to the legal realm.

A good Michigan criminal defense attorney will tell you that assault and battery go hand-in-hand because of the circumstances surrounding these two similar, yet distinctively different, acts.

In Michigan, an assault is any intentional, unlawful threat or offer to do bodily injury to another by force, under circumstances which create a well-founded fear of imminent peril, coupled with the apparent present ability to carry out the act if not prevented. Specifically, under Michigan statutory law, MCL 750.81d, assaulting an individual includes the acts of: assault, batter, wound, resist, obstruct, oppose, or endanger another individual.

A battery, according to well-settled Michigan case law, is the willful touching of the person of another by the aggressor or by some substance put in motion by him; or, as it is sometimes expressed, a battery is the consummation of the assault. Tinkler v. Richter, 295 N.W. 201, 295 Mich. 396 (Mich. 1940).

What Happens When You’re Charged With Assault and Battery?
 If you or someone you know is charged with Assault and Battery, it is very important to consult with a good Michigan criminal defense attorney to get a clear understanding of how these cases are adjudicated. At B. Kizy Law, we specialize in Criminal Defense and have extensive experience handling assault and battery cases.

When a defendant is charged with assault and battery in Michigan, there are first some general requirements that must exist for the prosecutor to be able to secure a conviction, such as:

Intent – meaning the defendant must have intended for the alleged assault and battery to occur (not just an accidental or involuntary action);
The Victim’s Perception – in other words, the victim must have reasonably believed that they would be harmed or offended by the defendant’s act(s). The victim’s belief of harm must be both reasonable and imminent (immediate, not future, harm); and
Physical – the defendant must have committed a physical and perceivable action
against the victim.

At B. Kizy Law, our focus on criminal defense has exposed us to many cases of defendant’s getting accused of assaultive acts, including, but not limited to:

“Taking a swing” at an individual;
Throwing something at someone or spitting on someone;
Holding a weapon, even simply wielding a stick, and using a suggestive motion or action to scare an individual;
Pointing a gun at another individual or even shooting an individual; and
Many other different assaultive scenarios involving arguments which have led to actual or threatened altercations resulting in criminal charges of assault and
With every situation comes special circumstances that you must be aware of when accused of assault and battery. In Michigan, there are separate, and very serious, distinctions which classify acts of assault and battery into categories based on the level of seriousness of the acts themselves.

What Are The Differences Between Assaultive Acts Under Michigan Law?
Under Michigan law, assault has different distinctions depending on the level of aggravation (or harm, seriousness, or other factors) which result in different crimes a

defendant can be charged with. At B. Kizy Law, we represent defendants faced with the all of the following distinctions of assault:

Simple Assault and Battery (MCL 750.81)
This involves assaulting or assaulting and battering another person.
A conviction of this crime results in a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.

Aggravated Assault (MCL 750.81a)
This involves assaulting another person without a weapon and inflicting serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder.
A conviction of this crime results in a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.

Under this category, there are a few classes of victims which give rise additional penalties under the law, specifically:
Employee of Family Independence Agency (MCL 750.81c)
A conviction for communicating a threat to such an employee or assaulting such an employee results in a misdemeanor or felony conviction, respectively.
An Official Performing Official Duties (Police Officers) (MCL 81d)
An  individual   who   assaults,   batters,   wounds,   resists,
obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony.

An Employee or Contractor of Public Utility (MCL 750.81e)
An individual who assaults, batters, or assaults an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual’s status as an employee or contractor of a public utility is guilty of a If the injury requires medical attention or care, this results in a felony.
Felony Assault (MCL 750.82)
This involves assaulting another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than
A conviction of this crime results in a felony punishable by imprisonment
for not more than 4 years or a fine of not more than $2,000.00, or both.

Assault With Intent To Commit Murder (MCL 750.83)
This involves assaulting another person with intent to commit the crime of
A conviction of this crime results in a felony, punishable by imprisonment in the state prison for life or any number of years.
Assault With Intent To Do Great Bodily Harm Less Than Murder (MCL 750.84)
This involves either: assaulting another person with intent to do great bodily harm, less than the crime of murder, or; strangulation or suffocation of another individual (intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.)
A conviction of this crime results in a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.
Torture (MCL 750.85)
This involves intending to cause another individual cruel or extreme physical or mental pain and suffering and actually inflicting great bodily
injury or severe mental pain or suffering upon another person within his or her custody or physical control.

A conviction of this crime results in a felony punishable by imprisonment
for life or any term of years.

Assault With Intent to Maim (MCL 750.86)
This involves an individual who assaults another with intent to maim or disfigure his or her person by cutting out or maiming the tongue, putting out or destroying an eye, cutting or tearing off an ear, cutting or slitting or mutilating the nose or lips or cutting off or disabling a limb, organ or
A conviction of this crime results in a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than
$5,000.00.

Assault with Intent To Commit Felony Not Otherwise Punished (MCL 750.87)
This involves an assault which doesn’t fall within the mentioned categories, such as, but not limited to, an individual who assaults another, with intent to commit any burglary, or any other felony.
A conviction of this crime results in a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than
$5,000.00.

Assault With Intent To Rob And Steal, Unarmed (MCL 750.88)
This involves any person, not being armed with a dangerous weapon, who assaults another with force and violence and with intent to rob and steal
A conviction of this crime results in a felony, punishable by imprisonment in the state prison not more than 15 years.
Assault With Intent To Rob And Steal, Armed (MCL 750.89)
This involves any person, who is actually armed with a dangerous weapon, who assaults another with force and violence and with intent to rob and steal
A conviction of this crime results in a felony, punishable by imprisonment in the state prison not more than 15 years.
Sexual Contact Or Penetration Under Pretext Of Medical Treatment (MCL 750.90 amended)
This involves any person who undertakes medical treatment of a patient
and in the course of that medical treatment misrepresents to the patient that sexual contact between the individual and the patient is necessary or will be beneficial to the patient’s health and who induces the patient to engage in sexual contact with the individual by means of the misrepresentation.

A conviction of this crime results in a felony punishable by imprisonment
for not more than 20 years.

In Michigan, a conviction of the mentioned types of assault and battery crimes not only result in the penalties listed, but also can include:

Probation;
Parole;
Therapy classes (to deter future recidivism); and
Losing your right to carry or own firearms.
The Civil Suit That Follows Assault And Battery
In Michigan, if you are found guilty of committing the crime of assault and battery against another person, you may also be held civilly liable. This lawsuit would subject you to liabilities owed to the other person, such as, but not limited to:

Actual physical injuries ;
Medical expenses, such as out-of-pocket expenses, medication, and hospital bills;
Pain and suffering; and
Lost wages: wages missed from work due to the injuries or time spent in
A Good Michigan Criminal Defense Attorney Knows How To Defend You
While every criminal charge requires the elements to be individually proven beyond a reasonable doubt, the crime of assault and battery has a few common defenses known as affirmative defenses. These affirmative defenses are rooted in Michigan statutory and common law. These affirmative defenses include:

Self-Defense or Defense of Others: Sometimes, a defendant charged with assault and battery was simply protecting either themself or someone else from imminent harm about to This type of affirmative defense requires the criminal defense attorney introducing enough evidence to show that there was a necessity of the defendant to protect themself or another person, and the burden of proof is then shifted to the prosecution to exclude the defendant’s claim of self-defense. If deadly force is used in self-defense or defense of others, it is only an acceptable affirmative defense if the defendant honestly and reasonably believed that deadly force was necessary to stop imminent serious danger (being killed, seriously injured, or sexually assaulted).
Involuntary Intoxications: If the defendant was drugged or otherwise intoxicated not by his or her own will, intoxication is an applicable affirmative defense.
Mental Illness: In Michigan, a criminal defense attorney may introduce evidence to the court to suggest that the defendant did not have intent to cause the alleged While this defense can be used to avoid incarceration if the defendant is found guilty, it will result in the defendant being committed at a psychiatric facility.
Defending Property: If the defendant believed that his or her property was at jeopardy, they can act with non-deadly force to protect it.
Consent: If the alleged victim consented to the act, this could serve as a defense. This defense is used in cases involving contact sports, such as wrestling or
Should I Hire A Criminal Defense Attorney For Assault And Battery?
The simple answer is: absolutely. When a defendant is charged with assault and battery or any of the other classifications mentioned above, the need for a good Michigan criminal defense attorney is imminent.

At B. Kizy Law, we specialize in criminal defense and have represented many individuals who have been charged with assault and battery. It is crucial to have a good criminal defense attorney represent you if you are charged with assault and battery because of the many criminal and civil liabilities that arise from these cases.

If you or someone you know has been charged with assault and battery, aggravated assault, assault with intent to do great bodily harm, assault with intent to commit murder, or any of the other mentioned classifications of assault and battery, please give us a call so we can give you the best defense possible.