Created by FindLaw's team of legal writers and editors | Last reviewed February 20, 2018
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Usually you hear "assault and battery" together; however, they are actually separate crimes. As is true with most criminal laws, each state has its own definitions of assault and battery. Generally, however, assault is an attempt or threat to injure someone while battery is actually making contact with the person. In addition to being a crime, most states have laws that address civil assault and civil battery as well.
Michigan has a chapter in its Penal Code that addresses various types of assault based on several circumstances that can surround an assault. For example, different types of intent for an assault are charged and punished differently. The charges and penalties for assault can also vary depending on the victim. If not specifically addressed by a statute, however, assault is charged as a misdemeanor punishable by imprisonment of not more than 93 days and/or a fine of not more than $500. If the offender - without the use of a weapon - inflicts serious injury (without the intent to commit murder or great bodily harm) it's still a misdemeanor, but the punishment increases to imprisonment for not more than a year and/or a fine of not more than $1,000.
Below you'll find key provisions of assault and battery laws in Michigan.
| Statute(s) | Michigan Compiled Laws Section 750.81, et seq. |
| Different Types of Assault |
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| Charges and Penalties | The charges and penalties for the different types of assault are listed within the statutes listed above.* *The charges and penalties for assault are different if the victim is a pregnant and the assault results in a miscarriage or injury to the fetus. These penalties are addressed in Section 750.90a, et seq. |
Related Statute(s) |
Michigan Compiled Laws Section 750.90 (Sexual Intercourse Under Pretext of Medical Treatment) |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you'd like more information about laws related to this topic, you can click on the links below:
As you can see, there are various circumstances that will affect the charges and penalties for a conviction under Michigan's assault and battery laws. However, any conviction can end up on your criminal record, and can affect your personal and professional life. Considering the consequences, it's a good idea to speak with a skilled criminal defense attorney in Michigan if you've been charged under that state's assault and battery laws.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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