Facing assault & battery charges may result in serious consequences, such as loss of employment and even imprisonment. Depending on the circumstances and facts made available in your defense, the verdict may change.
However, in the state of Michigan, you can still be convicted of assault even without physically touching someone. On the other hand, touching someone accidentally may also result in a misdemeanor case. Furthermore, the penalties may become even more severe if you are found with previous convictions.
What Is the Difference Between Assault & Battery Charges?
You can still be accused of assaulting someone even without causing physical harm to another person. Just by purposely creating a reasonable apprehension or threat of harming another individual, this will be enough to charge you with a simple assault. On the other hand, battery is the act of intentionally applying force or touching another person with the objective of injuring or harming.
Although these two are treated as a single offense at times, assault and battery are always mutually exclusive. This means that a person can commit battery without assault and vice versa.
Penalties for Assault and Battery
Conviction may vary from court to court. Yet, the severity of the punishment depends also on the pieces of evidence and facts presented in court. If the charges are filed in the civil law system, then you may also face demands for fines or monetary compensation ranging from $500 to $1,000.
If otherwise filed in a criminal law court, you can expect not only probation, but also be forced to serve jail time from 93 days to a year. However, this does not mean that your case will be limited to just one court. As an offender, you can still be charged with both fines and prison time on a criminal and civil level.
Defense Against Assault & Battery
Assuming that your case is not just a matter of mistaken identity or another fundamental error, you can still use these other possible defenses to avoid such punishment.
- Insufficient evidence – Charges may be lifted once the case is not satisfied with enough evidence. This includes the absence of injuries or scars and the lack of any credible eyewitnesses. Furthermore, when there is no direct proof of intent, then the court may not convict you.
- Inability to prove claim – For you to be convicted of assault and battery, the plaintiff and the prosecution must have proof that you have committed all elements of the crime. Evidence of the crime being committed and resulting in fear or harm should be substantiated. Failure in doing so will find you not guilty.
- Defense of other people and property – There are circumstances when you have to defend yourself, your loved ones, and your possessions. However, you only have to use reasonable force. Going beyond this, for example, chasing a fleeing assailant, will still result in a legal case.
- Heavy provocation – Although provocation is a weaker defense in these types of cases, you still can lessen your sentence when your action resulted from constant or aggravating provocation.
- Consent – Another viable defense is proving that the victim has voluntarily entered the premises where the assault and battery happened. When this is proven, then the act may not generally assert to constitute an assault and battery.
Top Attorneys for Assault & Battery Charges
When you are facing assault and battery charges in Royal Oak, Michigan; you can find help from excellent lawyers in Rudoi Law, PLLC. For a free consultation, you can call them through (248) 935-9074 or visit them at 104 W. Fourth St., Suite 210, Royal Oak, MI 48067.