Assault & Battery: Two Separate Crimes

In Michigan, assault is defined as an attempt to cause physical injury or threat of action, such as brandishing a weapon or raising a fist, on another individual. If an offender appears to possess the ability to make threats and the action reasonably causes another person to feel afraid of impending violence, the act is considered an assault.

On the other hand, battery is the intentional infliction of violence or force against another individual, such as punching another person or striking someone with an object. The state law categorizes these criminal offenses as assault and “assault and battery” since battery is viewed as the completion of a violent process according to the law.

Penalties for Assault or Assault & Battery in Michigan

Assault or assault and battery committed without a dangerous weapon is classified as a misdemeanor, with the exception of domestic violence cases and offenses involving police officers or emergency medical personnel as victims. Simple assault or assault and battery is punishable by a maximum jail sentence of 93 days, a fine of up to $500, two-year probation sentence, and restitution.

Assault and battery which results in serious injury is aggravated assault and battery. While it is still considered a misdemeanor, aggravated assault is punishable by a maximum prison sentence of one year and a fine of up to $1,000.

The following are the types of felony assault crimes, along with the associated penalties:

  1. Assault with a dangerous weapon (without intending to cause death or great bodily harm) – Maximum prison sentence of four years and fines of up to $2,000
  2. Assault with intent to maim – Maximum prison sentence of 10 years and fines of up to $5,000
  3. Assault with intent to commit murder – Potential life sentence in prison

If you were charged with assault and battery in Michigan, contact our Okemos criminal defense lawyer at White Law PLLC today.