Areas of Practice
Assault in Michigan is an attempt to cause physical injury to another person – for instance, attempting to strike someone with a hand or object. Assault also is any intentional unlawful act or threat of action, such as raising a fist or brandishing a weapon. If the offender appears to have the ability to carry out the threat and the action reasonably causes a person to feel afraid of impending violence, the act is an assault.
(Mich. Comp. Laws Ann. § 750.81.)
Battery in Michigan is the intentional infliction of violence or force against another person, such as punching another person or hitting someone with an object.
(Mich. Comp. Laws Ann. § 750.81.)
Michigan law categorizes these crimes as assault and “assault and battery” because the law views battery as the completion of a violent process, a threat or attempt to injure – assault – that ends in contact – a battery.
Assault or battery committed without a dangerous weapon is a misdemeanor, except in the case of domestic violence and certain victims, such as a police officer or emergency medical personnel. Assault and battery that results in serious injury is aggravated assault and battery and is punishable by more jail time, but still is a misdemeanor.
Assault with a Deadly Weapon
Assault with a deadly weapon – or felonious assault – is an assault committed with: 1) an object that can inflict serious injury; and 2) the intent to injure the victim or cause the victim to fear an immediate attack or injury.
An object is a deadly weapon if it is inherently dangerous (for example, a gun, knife, or brass knuckles) or if it is used as a weapon and in a manner that can cause serious injury. A broom stick, aerosol spray can, or a dog can be dangerous weapons because they can be used in a manner intended to cause serious injury. If an offender commits assault with a dangerous weapon, the offense is punishable by up to four years in prison, a fine up to $2,000, or both.
If the assault occurs in a weapon free zone (school property and school vehicles used for transporting students), the offense is punishable by up to four years in prison, a fine of up to $6,000, up to 150 hours of community service, or any combination of these three punishments.
(Mich. Comp. Laws Ann. § 750.82.)
Penalties for Assault or Assault and Battery in Michigan
A person convicted of a simple assault or of assault and battery faces the following possible penalties:
up to 93 days in jail, a fine up to $500, or both
probation up to two years, and restitution.
(Mich. Comp. Laws Ann. §§ 750.81, 771.2.)
A person convicted of aggravated assault and battery faces the following possible penalties:
- up to one year in jail, a fine up to $1,000, or both
- probation up to two years, and
(Mich. Comp. Laws Ann. §§ 750.81a, 771.2.)
Domestic Violence
Domestic violence assault or assault and battery is a crime committed against a spouse, former spouse, someone the offender is dating or has dated, someone with whom the offender has a child, or someone with whom the offender resides or has resided.
A person convicted of domestic violence assault or assault and battery faces the following possible penalties:
- for a first conviction, up to 93 days in jail, a fine up to $500, or both, or probation for up to two years, and restitution, or
- for a second conviction, up to one year in jail, a fine up to $1,000, or both, or probation for up to two years, and restitution.
If a defendant has two or more prior convictions for domestic assault or assault and battery, the new offense will be classified as a felony, punishable by up to two years in prison, a $5,000 fine, or both; or by probation up to five years; and restitution.
(Mich. Comp. Laws Ann. §§ 750.81, 771.2.)
Domestic violence cases may be dismissed pursuant to MCL 769.4a.
Aggravated domestic assault and battery
A person convicted of aggravated domestic assault and battery faces the following possible penalties: for a first conviction (no prior domestic assault or assault and battery convictions of any kind), up to one year in jail, a fine up to $1,000, or both; or probation for up to two years; and restitution.
If the defendant has a prior conviction for domestic assault or assault and battery of any kind, the charge will be classified as a felony and the court can sentence the defendant to up to two years in prison, a fine up to $5,000, or both; or probation for up to five years; and restitution.
(Mich. Comp. Laws Ann. §§ 750.81a, 771.2.)
Assault Against Certain Victims
Crimes committed against certain victims have been singled out for specific punishment in Michigan.
Public utility workers. If someone assault or assaults and batters a public utility worker (without causing any significant bodily injury), the offender is guilty of a misdemeanor punishable by:
- up to one year in jail, a fine up to $1,000, or both
- probation for up to two years, and restitution.
(Mich. Comp. Laws Ann. §§ 750.81e, 771.2.)
Family independence agency employees (for example, employees of child protective services or state services for the elderly). If someone threatens to physically injure a family independence agency employee – even if the threat is only a verbal threat to do harm in the future – because of the person’s employment status, the offender is guilty of a misdemeanor and punishable by:
up to one year in jail, a fine up to $1,000, or both
- probation for up to two years, and restitution.
(Mich. Comp. Laws Ann. §§ 750.81c, 771.2.)
Felony situations
Simple assault or simple assault and battery against certain other victims is classified as a felony, even if no significant injury occurs, and is punishable by up to two years in prison. Those victims include, but are not limited to, human services workers, police officers, emergency medical personnel such as paramedics and ambulance drivers, and search and rescue workers if the assailant had reason to know the victim was engaged in performing his duties.
(Mich. Comp. Laws Ann. § 750.81d.)
Pregnant women. If the victim of an assault or assault and battery is a pregnant woman and the offender causes serious or aggravated physical injury to the embryo or fetus, the offender is guilty of a misdemeanor and punishable by:
- up to one year in jail, a fine up to $1,000, or both
- probation for up to two years, and restitution.
If the offender causes physical injury to the embryo or fetus, the offender is guilty of a misdemeanor and punishable by:
- up to 93 days in jail, a fine up to $500, or both
- probation for up to two years, and restitution.
(Mich. Comp. Laws Ann. §§ 750.90b, 771.2.)