What Is Assault?

“Assault” is used as an umbrella term to refer to a variety of charges, all of which involve attempting or threatening to harm or injure someone. More specifically, assault involves intentionally making someone fearful or apprehensive that you are going to inflict them with “imminent harmful or offensive contact”.

This definition can be confusing, since people usually use the word “assault” to mean physically hurting someone. However, the legal definition of assault does not require any physical contact.

What Is Battery? Is It A Separate Charge From Assault?

Like the term “assault”, the term “battery” is also used as an umbrella to refer to several different types of charges. While assault charges involve the attempt or threat to hurt someone, battery charges involve actually making physical contact with someone’s body in an attempt to hurt them. More specifically, battery is defined as the forceful, violent, or offensive touching of a person or something physically close to a person in an attempt to physically harm them,

“Assault and battery” are often used together as one phrase, and are often used together as joint charges. However, Michigan does consider battery a separate charge from assault. It is possible to commit assault, for instance, without committing battery.

What Are The Different Types Of Assault And Battery Charges In Michigan?

In Michigan, assault and battery charges are divided into several categories, depending on the severity of the act, the intention behind the act, and the context in which the act occurred. Some examples include:

Simple Assault and Simple Assault and Battery: Simple assault usually refers to threatening someone with violence or making them believe that you are going to hurt them. Simple assault and battery usually means going a step further and making physical contact (without the use of weapons) to harm them. For instance, simple assault would be raising your hand at someone and threatening to slap them, while simple assault and battery would be raising your hand at someone, threatening to slap them, and then slapping them. This is a misdemeanor charge that can carry up to 93 days in prison.

Aggravated Assault and Battery: Aggravated assault and battery is similar to simple assault/assault and battery, except for that there is always a battery involved, and the battery results in a serious injury. For instance, if you slapped someone so hard they fell and fractured their skull, it would be an aggravated assault and battery. This is also a misdemeanor charge that can carry up to 93 days in prison.

Domestic Assault and Battery: Domestic assault and battery refers to any assault and battery against someone you are in a domestic relationship with. This includes current or former spouses and current or former romantic/sexual partners, as well as people with whom you share a child and people with whom you share a home. Domestic assault and battery is taken very seriously in Michigan, especially if it is repeated and/or causes serious harm to the victim. In some cases, it can add up to 10 years of jail time onto the penalty for an assault.

Felonious Assault and Battery: Felonious assault refers to any assault committed with a weapon that you could use to seriously injure or kill someone. This includes traditional weapons (like guns, knives, and brass knuckles) and non-traditional weapons that could still severely harm or kill someone (like a golf club). These charges are relatively serious felonies, and can carry up to 4 years in prison.
Assault GBH: Assault GBH (or “Grave Bodily Harm”) refers to committing assault and battery with the intention of causing grave bodily harm less than murder (whether or not grave bodily harm is actually committed). It is a serious felony and can carry up to 10 years in prison.
Assault with Intent to Commit Murder: This charge refers to assault and battery with the intention of killing someone. Like Assault GBH, this charge refers to assault with the intention to kill, whether or not it ultimately results in murder. It is a very serious felony charge that can carry a life sentence.

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What Are The Potential Penalties For Assault And Battery In Michigan?

Since there is such a wide range of assault and battery charges, there is also a wide range of penalties for them. In terms of jail time, penalties can range from 93 days (and usually less) for misdemeanor assault or assault and battery to life in prison for assault with intent to commit murder. These charges also come with a wide range of fines and probationary periods after prison sentences are served.

Furthermore, sentencing can be enhanced (or increased) by certain factors and contexts, as we see in the case of domestic assault and battery. There are also other examples of this sort of enhanced sentencing dependent on context. For instance, sentencing can be enhanced if a felonious assault and battery takes place in a weapon-free school zone, if an assault is committed with the intent of committing another felony, or if an assault is committed against a police officer (especially if it is committed in an attempt to prevent the officer from doing their job).

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I Am Facing Assault Or Assault And Battery Charges In Michigan. What Should I Do?

If you are facing assault or assault and battery charges in Michigan, your number one priority is consult with an experienced, knowledgeable assault and battery defense attorney. These cases can be incredibly serious, and having the right attorney can be the only thing protecting you from spending years of your life—if not the rest of your life—in prison.

If you or a loved one are in need of an assault and battery defense attorney in Wayne, Michigan, Criminal Defense Attorney Scott Weinberg is ready to help. With over 30 years of experience, Attorney Weinberg has the experience, skill, and network of resources to get results for his clients. As a former assistant prosecutor, Attorney Weinberg has the unique advantage of being knowing the MO of his opponents across the aisle. He has used that insider knowledge to defend hundreds of cases, from the most high-stakes death penalty murder cases to the smallest misdemeanors. Don’t wait. Call (800) 710-0529 for a free consultation today.