Is Assault and Battery a Felony in Michigan?
Direct Answer:
No, assault and battery are not necessarily felonies in Michigan. However, the severity of the crime and the circumstances surrounding the incident can lead to a felony charge.
What is Assault and Battery?
Assault and battery are two separate crimes, often committed together. Assault is the act of intentionally placing someone in fear of imminent bodily harm or causing them to reasonably believe they are about to be harmed. This can be done through verbal or physical threats, and does not necessarily involve actual contact. Battery, on the other hand, is the intentional touching or striking of another person, which can cause physical harm.
Michigan Laws regarding Assault and Battery
Michigan laws regarding assault and battery are outlined in the Michigan Penal Code, specifically MCL 750.81. The code defines simple assault as the act of intentionally placing someone in fear of imminent bodily harm or causing them to reasonably believe they are about to be harmed. This crime is punishable by up to 93 days in jail and/or a fine of up to $500.
Aggravated Assault
Aggravated assault, on the other hand, is a more severe crime that involves using a weapon, causing serious physical harm, or inflicting a serious impairment. Aggravated assault is punishable by up to 10 years in prison and/or a fine of up to $10,000.
Battery
Battery, as mentioned earlier, is the intentional touching or striking of another person. Michigan law defines simple battery as the act of intentionally causing physical harm to another person. Simple battery is punishable by up to 93 days in jail and/or a fine of up to $500.
Felony Charges for Assault and Battery
While assault and battery are typically considered misdemeanors in Michigan, there are certain circumstances that can lead to a felony charge. For example:
• Domestic Violence: If an individual commits assault or battery against a family member, spouse, or intimate partner, they can be charged with a felony.
• Use of a Deadly Weapon: If an individual uses a deadly weapon, such as a gun or knife, during an assault or battery, they can be charged with a felony.
• Serious Bodily Harm: If an individual causes serious physical harm to another person, they can be charged with a felony.
Penalties for Felony Assault and Battery
If convicted of a felony assault and battery charge, an individual can face the following penalties:
| Penalty | Length of Sentence |
|---|---|
| First-Degree Felony | Up to 25 years in prison and/or a fine of up to $50,000 |
| Second-Degree Felony | Up to 15 years in prison and/or a fine of up to $25,000 |
| Third-Degree Felony | Up to 5 years in prison and/or a fine of up to $10,000 |
Conclusion
In conclusion, while assault and battery are not typically felonies in Michigan, there are certain circumstances that can lead to a felony charge. It is important for individuals to understand the laws regarding assault and battery and the potential penalties they may face if convicted. If you have been charged with assault or battery, it is essential to consult with an experienced criminal defense attorney to ensure your rights are protected and your interests are represented.
Resources:
- Michigan Penal Code (MCL 750.81)
- Michigan Compiled Laws (MCL 750.81d)
- Michigan State Court Administrative Office (SCAO) – Felony Sentencing Guidelines
