Michigan Assault and Battery Laws: Don't Police Care About the Truth?

Michigan Assault and Battery Laws: Why Police Don't Bother to Get to the Truth. Michigan Assault and Battery Attorney Brian J. Prain Talks About Incompetent Police Investigations...

The Michigan Assault and Battery laws are set forth in MCL 750.81.  A Michigan Assault and Battery charge means you face up to 93 days in Jail.  Since a Michigan Assault and Battery charge is therefore very significant, we would assume that the Police would fully investigate before Michigan Assault and Battery charges are brought.  The reality is quite different.  Here are the reasons that, despite the harsh Michigan Assault and Battery laws, the Police will take the accuser's word instead of conducting a full and fair investigation to get to the truth.

Under the Michigan Assault and Battery laws, a Michigan Assault and Battery charge (also called a Michigan Simple Assault charge) must be proven by the Prosecution beyond any and all reasonable doubt with evidence of the following:

  • First, that you committed a battery upon the alleged victim.  Under the Michigan Assault and Battery laws, a battery is a forceful, violent, or offensive touching of the alleged victim or something closely connected with them (i.e. their vehicle).  It must have been intended by you, rather than an accident, and it must have been against the alleged victim’s will.  To be guilty of Assault and Battery under the Michigan Assault and Battery laws, there is no requirement that you actually cause an injury.
  • Second, the Michigan Assault and Battery laws require that you actually intended either to commit a battery on the alleged victim or to make them reasonably fear an immediate battery.

The Michigan Assault and Battery laws actually require the Prosecution to prove a lot.  Not to mention, you may have a defense of Self-Defense.  [click here for an article about whether self-defense applies to your Michigan Assault and Battery charge].

So why is it that the Police didn't seem to care about the truth, didn't care to do a complete investigation, and just took your accuser's word for it?  Here are a few (non-exclusive) reasons why this happens so often with the Police in Assault and Battery charges:

  • The Michigan Assault and Battery laws do not dictate how the Police must conduct their investigation.  Rather, the Michigan Assault and Battery laws only dictate what the Prosecutor must prove to the Jury once you are formally accused.
  • The Police aren't the people who decide if you will face Michigan Assault and Battery charges.  Rather, they rely on things like "someone said you did it," and that's it.  Once someone says this, the Police simply write a Report, submit it to the Prosecutor's Office, and their job is done.  The Police could care less, because they can always say "it's not our decision; we just make a Report and the Prosecutor brings charges.
  • Under the Michigan Assault and Battery laws, the standard to arrest for Assault and Battery is only Probable Cause - a low legal standard (as opposed to the proof beyond a reasonable doubt required for an Assault and Battery conviction).  What Police and Prosecutors take this to mean is that as long as someone accuses you of Assault and Battery, they can arrest and charge you.  I do NOT agree with this, but this is "justice" in America today.
  • Because 99% of those accused of a Michigan Assault and Battery charge just "plead Guilty or No Contest" at the outset on the advice of a lawyer, the Police generally have nothing to worry about: they can get away with a shoddy investigation because nobody is ever going to challenge it.  THIS ALONE IS REASON ENOUGH TO CONSULT WITH A MICHIGAN ASSAULT AND BATTERY DEFENSE LAWYER!!!  The Michigan Assault and Battery laws contain NO protection against this abuse of government power.

No doubt, we’ve had Prosecutors threaten that they’d ask the Judge to put our clients in Jail, but we’ve been 100% successful at keeping them out.  In-fact, if you’re facing a Michigan Assault and Battery charge and you’re still reading this article now, why not call The Law Office of Brian J. Prain, PLLC immediately at (248) 731-4543?  Or, use the Custom Contact Form, below.  You could be having your questions about Michigan Assault and Battery Laws answered right now an experienced lawyer who handles these cases every day!

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