When Does Assault Become Battery?

Assault and battery are often confused for one another; however, there are key differences between the two.

What is Assault?

In Michigan, assault is defined as an attempt to cause physical injury or harm to another person. For instance, attempting to strike someone with either a hand or an object. Additionally, assault can be a threat of action, in which the offender appears to be capable of fulfilling the threat causing the victim to be concerned or afraid for their safety. For instance, if the offender raises their fist or holds a weapon in a threatening manner, this act is considered an assault.

What is Battery?

Battery is the escalation of assault and occurs when the offender intentionally inflicts violence on another person, such as punching another person or hitting them with an object or weapon.

These crimes are often categorized as “assault” and “assault and battery” because the law views battery as the completion or fulfillment of a threat (assault), ending in contact and a violent act (battery).

There are also different classifications of assault and battery.

Types of Assault and Battery

Simple Assault: This is an assault that is committed without a dangerous weapon, and it is classified as a misdemeanor, with the exception of assault committed against another in a “dating relationship” and against a police officer or emergency medical personnel.

Aggravated Assault and Battery: This is an assault and battery that results in serious injury. It is still classified as a misdemeanor, but is punishable by more jail time.

Assault and Battery with Intent to Murder or Cause Great Bodily Harm: In Michigan, an assault with the intent to murder the victim is classified as a felony and is punishable by up to life in prison. An example of intent to murder or cause great bodily harm would include strangulation, or repeatedly kicking or punching the victim.

Contact a Rancho Cucamonga Criminal Defense Attorney

If you are facing an assault or assault and battery charge then time is of the utmost importance. The best way to avoid a conviction is by speaking with an experienced criminal defense lawyer right away. Contact the Rancho Cucamonga criminal defense attorneys at Newman & Allen Law Firm for a free initial case review.

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