Michigan Assault and Battery Laws and Police Investigations

Michigan Assault and Battery Laws and How the Police Investigate.

Michigan Assault and Battery Laws - Let's Talk About the Police Investigation... Michigan laws are clear and succinct concerning Assault and Battery as outlined in Michigan Assault and Battery Laws (MCL 750.81), and must be proven beyond any and all reasonable doubt with evidence of the following:

  • First, that you committed a battery upon the alleged victim, by"a forceful, violent or unwanted touching of the allegedvictim 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 victim's will". To be guilty of Assault and Battery in the State of Michigan, there is no requirement that you actually caused an injury.
    • Second, Michigan Assault and BatteryLaws require that"you actually intended to commit a battery on the alleged victim or to make them reasonably fear an immediate battery".
As you can see, Michigan Assault and Battery Laws actually require that the Prosecution prove a lot! Not to mention the possibilities of Self Defense, Defense of Another, Defense of Property, etc. (Does Self Defense Apply to My Charge?) Considering the facts and significance of Michigan Assault and Battery Laws, we would assume that the Police would fully investigate before charges are brought, however, the reality can be quite different. Most times, the Police will take the accuser's word, many times failing to conduct a full and fair investigation to get to the truth. So, why is it that the police didn't seem to care about the truth, didn't care to do a complete investigation, and simply took the accusers word for it? Here are a few (non-exclusive) reasons why this happens so often in this scenario:
  1. Michigan Assault and Battery Laws do not dictate how the Police must conduct their investigations. Rather, the law only dictates what the Prosecutor must prove to the jury once you have been formerly charged.
  2. The Police are not the ones who decide if you face Michigan Assault and Battery Charges. Rather, they rely on the "He said, She said's", submit the information to the Prosecutor's office and their job is complete. Their standard answer is, "it is not our decision who charges are brought against. We file a Report and the Prosecutor files the charges".
  3. Under the Michigan Assault and Battery Laws, the standard to arrest for Assault and Battery in simplyprobable cause - a low legal standard when compared to proof beyond a reasonable doubt. What Police (and Prosecutors) take this to mean, is that if you are being accused you can be arrested and charged.
  4. Because 99% of those charged with Michigan Assault and Battery either plead 'Guilty' or 'No Contest' (the reasons vary but the statistic represents both the innocent and guilty alike), the Police generally have nothing to worry about, making us all victims of shoddy Police Investigations, because they are not often or regularly challenged.
Michigan Assault and Battery Laws contain NO protection against this specific abuse of government power! At PRAIN LAW, PLLC we challenge police investigations routinely. We've dealt with the threats of Prosecutor's to throw a client in jail - but we are highly successful at breaking through the rhetoric and keeping our clients out of jail! Charged with Assault and Battery? We'd be glad to answer all your questions, just call our office at (248) 731-4543, or complete the form
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