When staring into the face of a legal issue, people start thinking of the worst possible outcome and it always lingers in the background and consumes more than just time and money.

1. Although it’s common to hear the two terms assault and battery within the
same sentence when hearing about an altercation between individuals
resulting in criminal charges or a civil lawsuit, there is a distinction between in
Michigan when it comes to the legal realm.
A good Michigan criminal defense attorney will tell you that assault and
battery go hand-in-hand because of the circumstances surrounding these two
similar, yet distinctively different, acts.
In Michigan, an assault is any intentional, unlawful threat or offer to do bodily
injury to another by force, under circumstances which create a well-founded
fear of imminent peril, coupled with the apparent present ability to carry out
the act if not prevented. Specifically, under Michigan statutory law, MCL
750.81d, assaulting an individual includes the acts of: assault, batter, wound,
resist, obstruct, oppose, or endanger another individual.
A battery, according to well-settled Michigan case law, is the willful touching
of the person of another by the aggressor or by some substance put in motion
by him; or, as it is sometimes expressed, a battery is the consummation of the
assault. Tinkler v. Richter, 295 N.W. 201, 295 Mich. 396 (Mich. 1940).
What Happens When You’re Charged With
Assault and Battery?
If you or someone you know is charged with Assault and Battery, it is very
important to consult with a good Michigan criminal defense attorney to get a
clear understanding of how these cases are adjudicated. At B. Kizy Law, we
specialize in Criminal Defense and have extensive experience handling assault
and battery cases.

2. When a defendant is charged with assault and battery in Michigan, there are
first some general requirements that must exist for the prosecutor to be able to
secure a conviction, such as:
Intent – meaning the defendant must have intended for the alleged
assault and battery to occur (not just an accidental or involuntary
action);
The Victim’s Perception – in other words, the victim must have
reasonably believed that they would be harmed or offended by the
defendant’s act(s). The victim’s belief of harm must be both reasonable
and imminent (immediate, not future, harm); and
Physical – the defendant must have committed a physical and
perceivable action
against the victim.
At B. Kizy Law, our focus on criminal defense has exposed us to many cases of
defendant’s getting accused of assaultive acts, including, but not limited to:
“Taking a swing” at an individual;
Throwing something at someone or spitting on someone;
Holding a weapon, even simply wielding a stick, and using a suggestive
motion or action to scare an individual;
Pointing a gun at another individual or even shooting an individual; and
Many other different assaultive scenarios involving arguments which
have led to actual or threatened altercations resulting in criminal
charges of assault and
With every situation comes special circumstances that you must be aware of
when accused of assault and battery. In Michigan, there are separate, and very
serious, distinctions which classify acts of assault and battery into categories
based on the level of seriousness of the acts themselves.

3. What Are The Differences Between Assaultive Acts Under
Michigan Law?
Under Michigan law, assault has different distinctions depending on the level
of aggravation (or harm, seriousness, or other factors) which result in different
crimes a
defendant can be charged with. At B. Kizy Law, we represent defendants faced
with the all of the following distinctions of assault:
1. Simple Assault and Battery (MCL 750.81)
This involves assaulting or assaulting and battering another
person.
A conviction of this crime results in a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more
than
$500.00, or both.
2. Aggravated Assault (MCL 750.81a)
This involves assaulting another person without a weapon and
inflicting serious or aggravated injury upon that individual
without intending to commit murder or to inflict great bodily
harm less than murder.
A conviction of this crime results in a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
Under this category, there are a few classes of victims which give rise
additional penalties under the law, specifically:
750. Employee of Family Independence Agency (MCL 750.81c)

4. A conviction for communicating a threat to such an employee or
assaulting such an employee results in a misdemeanor or felony
conviction, respectively.
751. An Official Performing Official Duties (Police Officers) (MCL 81d)
An individual who assaults, batters, wounds, resists,
obstructs, opposes, or endangers a person who the individual knows or has
reason to know is performing his or her duties is guilty of a felony.
An Employee or Contractor of Public Utility (MCL 750.81e)
An individual who assaults, batters, or assaults an individual while the
individual is performing his or her duties as an employee or contractor
of a public utility or because of the individual’s status as an employee or
contractor of a public utility is guilty of a If the injury requires medical
attention or care, this results in a felony.
3. Felony Assault (MCL 750.82)
This involves assaulting another person with a gun, revolver,
pistol, knife, iron bar, club, brass knuckles, or other dangerous
weapon without intending to commit murder or to inflict great
bodily harm less than
A conviction of this crime results in a felony punishable by
imprisonment
for not more than 4 years or a fine of not more than $2,000.00, or both.
4. Assault With Intent To Commit Murder (MCL 750.83)
This involves assaulting another person with intent to commit the
crime of
A conviction of this crime results in a felony, punishable by
imprisonment in the state prison for life or any number of years.
5. Assault With Intent To Do Great Bodily Harm Less Than Murder (MCL
750.84)

5. This involves either: assaulting another person with intent to do
great bodily harm, less than the crime of murder, or;
strangulation or suffocation of another individual (intentionally
impeding normal breathing or circulation of the blood by
applying pressure on the throat or neck or by blocking the nose or
mouth of another person.)
A conviction of this crime results in a felony punishable by
imprisonment for not more than 10 years or a fine of not more
than $5,000.00, or both.
6. Torture (MCL 750.85)
This involves intending to cause another individual cruel or
extreme physical or mental pain and suffering and actually
inflicting great bodily
injury or severe mental pain or suffering upon another person within his or
her custody or physical control.
A conviction of this crime results in a felony punishable by
imprisonment
for life or any term of years.
7. Assault With Intent to Maim (MCL 750.86)
This involves an individual who assaults another with intent to
maim or disfigure his or her person by cutting out or maiming the
tongue, putting out or destroying an eye, cutting or tearing off an
ear, cutting or slitting or mutilating the nose or lips or cutting off
or disabling a limb, organ or
A conviction of this crime results in a felony, punishable by
imprisonment in the state prison not more than 10 years or by
fine of not more than

6. $5,000.00.
8. Assault with Intent To Commit Felony Not Otherwise Punished (MCL 750.87)
This involves an assault which doesn’t fall within the mentioned
categories, such as, but not limited to, an individual who assaults
another, with intent to commit any burglary, or any other felony.
A conviction of this crime results in a felony, punishable by
imprisonment in the state prison not more than 10 years, or by
fine of not more than
$5,000.00.
9. Assault With Intent To Rob And Steal, Unarmed (MCL 750.88)
This involves any person, not being armed with a dangerous
weapon, who assaults another with force and violence and with
intent to rob and steal
A conviction of this crime results in a felony, punishable by
imprisonment in the state prison not more than 15 years.
10.Assault With Intent To Rob And Steal, Armed (MCL 750.89)
This involves any person, who is actually armed with a dangerous
weapon, who assaults another with force and violence and with
intent to rob and steal
A conviction of this crime results in a felony, punishable by
imprisonment in the state prison not more than 15 years.
11.Sexual Contact Or Penetration Under Pretext Of Medical Treatment (MCL
750.90 amended)
This involves any person who undertakes medical treatment of a
patient
and in the course of that medical treatment misrepresents to the patient that
sexual contact between the individual and the patient is necessary or will be

7. beneficial to the patient’s health and who induces the patient to engage in
sexual contact with the individual by means of the misrepresentation.
A conviction of this crime results in a felony punishable by
imprisonment
for not more than 20 years.
In Michigan, a conviction of the mentioned types of assault and battery crimes
not only result in the penalties listed, but also can include:
Probation;
Parole;
Therapy classes (to deter future recidivism); and
Losing your right to carry or own firearms.
The Civil Suit That Follows Assault And Battery
In Michigan, if you are found guilty of committing the crime of assault and
battery against another person, you may also be held civilly liable. This lawsuit
would subject you to liabilities owed to the other person, such as, but not
limited to:
Actual physical injuries ;
Medical expenses, such as out-of-pocket expenses, medication, and
hospital bills;
Pain and suffering; and
Lost wages: wages missed from work due to the injuries or time spent in
A Good Michigan Criminal Defense Attorney Knows How
To Defend You
While every criminal charge requires the elements to be individually proven
beyond a reasonable doubt, the crime of assault and battery has a few common

8. defenses known as affirmative defenses. These affirmative defenses are rooted
in Michigan statutory and common law. These affirmative defenses include:
Self-Defense or Defense of Others: Sometimes, a defendant charged
with assault and battery was simply protecting either themself or
someone else from imminent harm about to This type of affirmative
defense requires the criminal defense attorney introducing enough
evidence to show that there was a necessity of the defendant to protect
themself or another person, and the burden of proof is then shifted to
the prosecution to exclude the defendant’s claim of self-defense. If
deadly force is used in self-defense or defense of others, it is only an
acceptable affirmative defense if the defendant honestly and reasonably
believed that deadly force was necessary to stop imminent serious
danger (being killed, seriously injured, or sexually assaulted).
Involuntary Intoxications: If the defendant was drugged or otherwise
intoxicated not by his or her own will, intoxication is an applicable
affirmative defense.
Mental Illness: In Michigan, a criminal defense attorney may introduce
evidence to the court to suggest that the defendant did not have intent to
cause the alleged While this defense can be used to avoid incarceration
if the defendant is found guilty, it will result in the defendant being
committed at a psychiatric facility.
Defending Property: If the defendant believed that his or her property
was at jeopardy, they can act with non-deadly force to protect it.
Consent: If the alleged victim consented to the act, this could serve as a
defense. This defense is used in cases involving contact sports, such as
wrestling or
Should I Hire A Criminal Defense Attorney For Assault And
Battery?

9. The simple answer is: absolutely. When a defendant is charged with assault
and battery or any of the other classifications mentioned above, the need for a
good Michigan criminal defense attorney is imminent.
At B. Kizy Law, we specialize in criminal defense and have represented many
individuals who have been charged with assault and battery. It is crucial to
have a good criminal defense attorney represent you if you are charged with
assault and battery because of the many criminal and civil liabilities that arise
from these cases.
If you or someone you know has been charged with assault and battery,
aggravated assault, assault with intent to do great bodily harm, assault with
intent to commit murder, or any of the other mentioned classifications of
assault and battery, please give us a call so we can give you the best defense
possible.