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Assault and Battery: Habitual Offender

undefinedAggravated Assault is punishable by up to 1 year in Jail.

When facing Assault and Battery charges in Michigan, offenders with previous charges are often curious if they can be charged as an Habitual Offender. I often receive this question as a Michigan Assault and Battery Lawyer. While the term “Habitual Offender” is used loosely in the Court system, it has a very specific application.

(Related: Aggravated Assault: How to Choose a Good Attorney)

If you are charged as an Habitual Offender in the state of Michigan, you are subject to dramatically stricter sentencing than the usual maximum penalty under law. With that said, Assault and Battery in Michigan is a misdemeanor punishable by up to 93 days in Jail, with Habitual Offender status only applying to felony Assault charges. Similarly, this also applies to Aggravated Assault Charges in Michigan. Also a misdemeanor, Aggravated Assault is punishable by up to 1 year in Jail.

(Related: Amendments to the Vulnerable Abuse Statute)

When facing a simple misdemeanor charge in Michigan, the prosecution is unable to charge you as a Habitual Offender. In the event that you have been convicted of a crime in the past, the Judge has the authority to give you a more harsh sentence as a result. Conviction could have you thrown in Jail for up to 93 days (or 1 year).

(Related: Assault and Battery: Who is Victim In Mutual Fight?) Only a qualified Michigan Assault and Battery attorney can ensure the best possible outcome for your case, no sentence at all! To discover whether that is possible in your case, call Prain Law, PLLC anytime at (248) 731-4543 and set up a free, in-depth consultation. Brian J. Prain is an aggressive, hardworking, no-holds-barred Michigan criminal defense lawyer who spends every day fighting for everyday people who have been accused of wrongdoing.

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