Michigan Assault and Battery Laws: All Questions Answered!

Assault and Battery Charges in Michigan can carry up to 93 days in Jail, but they CAN be beaten!

My name is Brian J. Prain, and my law practice is called Prain Law, PLLC. While other lawyers do partial criminal defense in addition to other things, or do all types of criminal cases, we concentrate on those facing criminal charges with an element of Assault, including those under the Michigan Assault and Battery laws (also called "A&B" for short). Okay, let's jump right in and get to the questions that are on your mind: Where do the Michigan Assault and Battery laws come from? The Michigan Assault and Battery laws are contained in MCL 750.81 and in the "case law" - decisions interpreting that law. So you're saying the Michigan Assault and Battery laws are a combination of the MCL statute and "case law" - where can we find the complete statement of what makes a person Guilty of Assault and Battery? The best place to look is the standard Jury Instruction, 17.02. This is the exact law that would be read to a Jury if you fight an alleged violation of the Michigan Assault and Battery laws at Trial:

"The defendant is charged with the crime of assault and battery. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

First, that the defendant committed a battery on [name complainant] . A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another.1 The touching must have been intended by the defendant, that is, not accidental, and it must have been against [name complainant] ’s will. It does not matter whether the touching caused an injury.

Second, that the defendant intended either to commit a battery upon [name complainant] or to make [name complainant] reasonably fear an immediate battery."

Are there other laws that apply to Assault and Battery in Michigan? Yes, there are other parts to the Michigan Assault and Battery laws. The above Jury Instruction is an overview of the most basic definition of these laws. There are other Jury Instructions that may apply, such as 17.14, " Definition of Force and Violence," and 17.15, " Definition of Touching." These can be explained in greater detail during our consultation. What Defenses can be raised to an alleged violation of the Michigan Assault and Battery Laws? In general, the main Defenses are as follows:
  1. It just didn't happen. Whatever the circumstances, they do not meet the definition of Assault and Battery under the Michigan Assault and Battery laws.
  2. There was an act that might be considered an Assault or an Assault and Battery, but it was not a crime because you were acting in:
    • Defense of yourself;
    • Defense of another person; or
    • Defense of your property.
**Click here for our articles on how Self-Defense applies to the Michigan Assault and Battery laws.** Tell me straight-up: Am I going to Jail? Probably not. Under MCL 750.81, you face "imprisonment for not more than 93 days or a fine of not more than $500.00, or both." Most of those who are actually convicted of violating the Michigan Assault and Battery laws get probation. However, there are rare instances where a person may go to Jail. At Prain Law, PLLC, we have NEVER had a client go to Jail for Assault and Battery. What makes you think we'd let you be our first? Even if I have to take a Plea and elect not to go to Trial, can I avoid a record of the Conviction? Yes, it IS possible. How can I get more information from Prain Law, PLLC? Defending Michigan Assault and Battery (A&B) charges is what we do! You can call Prain Law, PLLC, your Michigan Assault and Battery Lawyer, at (248) 731-4543.
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