Assault and Battery

There are many types of assaults and batteries under Michigan law. They range from a simple misdemeanor to felonious assault, all the way up to attempted murder. The distinctions between each class of convictions can be a fine line, and only the representation of an experienced attorney can help you prevent an assault and battery charge from affecting the rest of your life.

Whether convicted for a misdemeanor or a felony assault and battery crime, any conviction can change your life forever. From the difficulty of finding jobs, to having the right to see your children in a divorce, the ramifications for being charged with assault and battery are severe.

Another important aspect is the other side of the case- The innocent should never assume that a proper legal defense is not necessary in an assault and battery case. Due to the complex nature of the legal system, foregoing adequate legal representation can lead to unforeseen consequences and affect every aspect of your life. You should always seek experienced legal representation if you are being investigated for or have been charged with an assault and battery related crime.

Proving Assault and Battery:

The prosecution will only have to prove one of the following actions to successfully win a conviction:

That the defendant:

  • Through intentional or reckless behavior caused the victim physical harm.
  • Threatened bodily injury to the victim intentionally.
  • Physically came into contact with the victim with the understanding that it would be seen as an offensive act.

Domestic Violence

Probably the most common type of assaultive charge we see is domestic violence. Domestic violence is an assault committed on someone whom the defendant has a “dating relationship”, a spouse,  or someone who does or once did live in the same household. Most typically these cases involve people who are dating, but the charge can also be brought with roommates and siblings.

There are 4 main types of domestic violence

  • First offense misdemeanor
  • Second offense misdemeanor
  • A third or subsequent offense, typically a felony
  • Assault with strangulation

Assault with Strangulation is a 10 year felony. This relatively new charge is becoming more and more common. It does not require actual strangulation as most people think of it but merely any contact with the victim’s neck. Police will often look at the victim’s neck to see if there are any marks or will ask the victim if he or she has been choked. This is a cheap way for a prosecutor to overcharges some one and then try to get them to feel good about pleasing to a lesser charge later. This charge is often brought when a person has a long criminal record the police just want the person put away again.

A first offense misdemeanor domestic violence carries a maximum penalty of 93 days. Most of these cases are plead out under the Spouse Abuse Act, a deferral sentence program that allows a person to not have a record if he or she completes probation and attends classes.

A second offense domestic violence carries a maximum penalty of 1 year in jail.

A third offense or felony domestic violence carries a maximum penalty of 5 years in prison which can be enhanced if the defendant has prior felony offenses.

If you have been charged with an assault and battery offense, or you know someone that has, please call us today. Experienced Grand Rapids criminal defense lawyer, Ryan Maesen, can provide you with the level of experience you deserve when facing your case.

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I also have assisted clients accused of Financial and White Collar crimes in Federal Court. I have helped hundreds of individuals across West Michigan and I can help you to during this challenging period of your life.

Some of my higher profile cases have been covered by the local media. Please see the In the News page for details.

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