When it comes to assault, battery, and domestic violence, the state of Michigan takes a zero-tolerance approach. For these serious crimes, the consequences can be severe.
If you’ve been charged with one or more of these crimes, you may be interested in getting a closer look at the criminal charges associated with assault, battery, and domestic violence in Michigan, as well as the potential punishments for those convicted of these crimes. White Law PLLC is here to represent you in court with our Michigan penal code & criminal laws lawyers.
Michigan Assault Penalties
Assault is a serious criminal charge in the state of Michigan. It involves intentionally causing physical harm or making someone fear that they are about to be harmed. Under Michigan law, assault can either be charged as either a misdemeanor or a felony, and this is dependent on the severity of the offense and the presence of certain aggravating factors.
Simple assault, without any aggravating factors, is typically charged as a misdemeanor. A conviction for misdemeanor assault can result in up to 93 days in jail, a fine of up to $500, or both. Aggravated assault, on the other hand, involves more serious injuries or the use of a dangerous weapon. This offense is charged as a felony and carries much harsher penalties. A conviction for aggravated assault can result in imprisonment for up to 1 year, a fine of up to $1,000, or both.
It’s important to note that even the threat of physical harm, without any actual physical contact, can be considered assault under Michigan law. The intent to cause harm or create fear is what defines assault, regardless of whether any harm actually occurs. Michigan criminal defense lawyers at White Law PLLC are here to help you on your criminal charges.
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Michigan Domestic Violence Penalties
Domestic violence is a grave issue that affects countless individuals and families in Michigan. It is characterized by physical and emotional abusive behavior committed by one family or household member against another. The law in Michigan defines domestic violence as assault, aggravated assault, battery, or any other criminal act that results in physical harm or the reasonable apprehension of harm.
The state of Michigan takes domestic violence extremely seriously and has stringent penalties in place for those convicted of this crime. Domestic violence charges can be either misdemeanors or felonies, depending on the severity of the offense and any aggravating factors involved. A misdemeanor conviction for domestic violence can lead to imprisonment for up to 93 days, a fine of up to $500, or both. On the other hand, a felony conviction for domestic violence can result in imprisonment for up to 5 years, a fine of up to $2,500, or both.
In addition to these penalties, a conviction for domestic violence can have long-lasting consequences on various aspects of a person’s life. It may affect child custody disputes, result in a protective order, limit employment opportunities, and damage personal relationships.
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How are Assault/Battery and Domestic Violence Charges Different?
Assault, battery, and domestic violence are three distinct criminal charges, each with its own unique elements and consequences. While there may be some overlap between these offenses, it’s essential to understand the differences between them.
Assault/Battery
Assault refers to intentionally causing physical harm or instilling fear in someone that they are about to be harmed. It can be charged as either a misdemeanor or a felony, depending on the severity of the offense and any aggravating factors involved.
Battery, on the other hand, involves actual physical contact or force against another person. It is often considered a separate offense from assault and can also be charged as a misdemeanor or a felony, depending on the circumstances.
Domestic Violence
Domestic violence, as defined by Michigan law, encompasses a range of criminal acts, including assault, aggravated assault, and battery, that occur between family or household members. Unlike assault and battery charges, domestic violence charges specifically occur within a domestic setting.
Domestic violence charges can also be charged as either misdemeanors or felonies, depending on the severity of the offense and any aggravating factors present.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Common Criminal Defense Strategies
When facing assault, battery, or domestic violence charges in Michigan, it is crucial to mount a strong defense. The consequences of a conviction can be severe, affecting various aspects of your life. However, there are potential defenses that an experienced criminal defense attorney can employ to challenge the charges against you.
Self-Defense
One common defense is self-defense. This can be a valid defense if you can prove that you reasonably believed you were in imminent danger of harm and that your actions were necessary to protect yourself or others.
Gathering evidence, such as witness testimonies or surveillance footage, is important to support your claim.
Challenge Opposing Evidence
Another defense strategy is to challenge the evidence against you. This may involve questioning the credibility of witnesses, examining the reliability of forensic evidence, or highlighting any inconsistencies or gaps in the prosecution’s case. A skilled attorney can thoroughly investigate the circumstances surrounding the incident and identify weaknesses in the prosecution’s arguments.
Consent in a Physical Altercation
Additionally, consent may be a defense in certain assault or battery cases. If the alleged victim willingly participated in a consensual physical altercation, this can potentially undermine the prosecution’s case. However, it is important to note that consent is not a valid defense in cases of domestic violence, as the law prioritizes the protection of victims in such situations.
You will always work directly with your attorney throughout your case.
Hire a White Law Criminal Defense Attorney Now
The state of Michigan takes assault, battery, and domestic violence charges very seriously, and those convicted can face serious legal consequences. It’s essential to understand the difference between assault/battery and domestic violence charges to know what you’re up against.
If you’re facing charges of assault, battery, or domestic violence in Michigan, having an experienced criminal defense attorney by your side is crucial. They can help you navigate the legal system and build a strong defense, protecting your rights and ensuring the best possible outcome for your case. Don’t take these charges lightly – reach out to a qualified attorney and start building your defense today.
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