You are probably familiar with both assault and battery and may believe they are the same crime. This is a common misconception.
While both are types of violent crime, there are distinct differences between the crimes of assault and battery in Michigan. In fact, you can be arrested and charged with assault without even touching anyone.
Simple assault and battery
Under Michigan law, assault is an attempt or threat to cause physical harm to someone else. Battery is an offensive or violent touching of someone else.
For example, making a threatening gesture toward someone, such as lunging toward them while telling them that you are going to “bash their face in” could get you arrested for assault. But if you lunge toward them and proceed to punch them in the face, you are now likely also facing a battery charge.
It is important to note that assault and battery do not require the victim to have visible injuries. You can be charged with assault and/or battery even if the victim appears uninjured, although that sometimes makes it harder for the prosecution to prove their case.
Enhanced assault charges
There are different forms of assault, such as aggravated assault and assault by strangulation or suffocation.
Aggravated assault occurs when you inflict a serious aggravated injury upon someone else with an intent to kill them or cause them great bodily harm.
Both assault and aggravated assault are misdemeanors, but both come with serious penalties. An assault conviction could get you up to three months in jail and a $500 fine, while a battery conviction comes with up to a year in jail and a $1,000 fine.
Additionally, you could face enhanced penalties for these crimes, depending on your situation. A prior criminal history, particularly prior convictions for assault or battery, could boost your charge up to a felony. Your potential penalties could now include higher fines and up to five years in prison.
Assault by strangulation or suffocation
Assault by strangulation or suffocation is the most serious type of assault charge. Assault by strangulation or suffocation occurs when you commit an aggravated assault with the battery portion involving strangulation or suffocation. It is a felony and punishable by up to 10 years in prison and a fine of $5,000.
Given the major penalties involved and the potential for a felony charge, you must aggressively defend against an assault or battery charge. A criminal conviction could haunt you for the rest of your life.
Michigan residents with criminal convictions typically face barriers to educational and employment opportunities. They are denied important rights, such as the right to own firearms and vote. Relationships with friends and family often break down after a criminal conviction.
Defending yourself against an assault or battery charge
Remember that the prosecution must prove each element of the assault or battery beyond a reasonable doubt. This means proving that you intended to commit the assault or battery and engaged in the act itself.
The prosecution’s case often relies on a cooperating victim, witness testimony or other evidence necessary to prove each element of the crime. A thorough investigation of the facts and situation could cast doubt on the prosecution’s version of events and lead to a successful defense.