Assault & Battery
Assault Charges in Genesee, Lapeer, Shiawassee, and Oakland County
Each state specifies its own levels and definitions of assault in individualized criminal code. Assault is defined differently when it comes to the distinct action committed and sentencing. If you have been convicted in the state of Michigan, it is important to understand the state laws concerning assault.
The most basic form of assault is referred to as “simple assault”. This entails the intentional threat or injury to another person. In Michigan, simple assault is classified as a misdemeanor, usually resulting in $500 in fines and a sentence of up to 93 days in jail. “Aggravated assault”, also considered a misdemeanor in Michigan, does not include a weapon but results in a critical or aggravated injury unto the other person. Aggravated assault is punishable by $1,000 in fines and up to one year in prison. If you face any types of assault charges, your first step is to call a Flint criminal defense lawyer as soon as possible.
There are different tiers to “felony assault”. Assault with a Dangerous Weapon (or Felonious Assault) insinuates that there is no intention of harm, but great bodily harm or death is caused (this felony is only intensified if the assault involved a deadly weapon). The sentence for this type of felony assault includes fines up to $2,000 and up to four years in prison. Assault with Intent to Maim refers to the intentional removal or permanent injury to a person’s body or face, and it is punishable with $5,000 in fines and up to ten years in prison. Assault with Intent to do Great Bodily Harm (less than murder) is defined as a person who causes serious impairment of a bodily function or internal injury, severe cuts, severe burns, poisoning, or multiple puncture wounds. Those found guilty face the same sentence as those with Intent to Maim. Assault with Intent to Commit Murder leads an individual to a potential life sentence in Michigan. When it comes to Assault with Intent to Rob and Steal, the punishment depends on whether a dangerous weapon was involved. If not, the estimated prison sentence is up to 15 years. If there was a weapon, the guilty faces up to a life sentence in prison.
Battery charges in Flint, or greater Southeast Michigan?
Most people get confused when trying to separate the terms “assault” and “battery”. Assault is usually defined as the threat of bodily harm to a person, whereas battery is defined as the physical impact that assault has to that person. If an individual has made physical contact with the victim in a harmful, violent, painful or otherwise offensive way, the act may be considered battery. A minor touch is still considered if a victim has proven to be harmed. Assault and battery are usually lumped together in the same convictions due to the fact that one who has committed battery most likely had the intention to harm another, thus likely threatening to commit the act prior to the battery. If you have been convicted of a battery offense, do not hesitate to ask a Flint criminal defense attorney about your choices.
Not only can battery be tried as a criminal offense, but it is oftentimes considered as an “international tort”. An international tort is simply an intentional act that is intended to cause harm to another person. A victim of international tort may be able to gain monetary compensation through a civil legal case, separate from the original criminal charges against the offender.
The Three Types of Battery
There are specified degrees of battery: simple battery, domestic violence and sexual battery. Regardless of the damage committed, simple battery refers to any insulting, harmful, or non-consensual contact to a victim. Domestic violence pertains to the battery resulting in a personal relation between a person and the victim (family, spouse, relationship). Any sexual act that is non-consensual is known as sexual battery.
Reach Out to a Battery Defense Lawyer in Flint, MI
Understand that the penalties for assault and battery are serious. Here at Shaun R. Marks, P.C., my firm will do everything in its power to prevent costly fines, a criminal record and serving jail or prison time. My goal is to defend your rights and to protect your future.
Our firm provides legal aid for Genesee County (Flint, Grand Blanc, Fenton, Davison, Flushing and Burton) as well as Oakland County (Clarkston, Waterford, Pontiac, Bloomfield Hills, Rochester Hills, Novi and Troy), Lapeer County, Shiawassee county and Saginaw County.
Arrested for a Assault and or Battery crime in Flint, Clarkston, Genessee County or Oakland County? Schedule a Free Defense Consultation with Top Criminal Defense Attorney Shaun Marks today to learn more about your options.