Common Assault Crimes

Assault/Battery (M.C.L. § 750.81(1)) (Maximum penalty is 93 days in jail/$500 fine)

A battery is essentially unwanted physical touching. An assault is the threat of immediate battery (unwanted touching). A simple assault/battery is a common offense and covers a wide variety of disputes, from heated arguments with a threat of battery to bar fights to schoolyard fights. If medical attention is required or a weapon is involved, more serious charges — like aggravated assault, felonious assault, or assault with a dangerous weapon — may be levied.

Domestic Violence (M.C.L. § 750.81(2)) (1st offense: maximum penalty is 93 days in jail/$500 fine; 2d offense: maximum penalty 1 year/$1000 fine; 3rd offense is felony: 2 years/$2,500 fine)

A charge of domestic violence (DV) is an assault or battery that occurs with someone with whom you have a domestic or dating relationship, e.g., husband/wife, parent/child, girlfriend/boyfriend, a child in common, or roommate.

Unlike assault or battery, the law specifically allows a judge to give a “break” for first-time offenders under M.C.L. § 769.4a. If you are convicted of a DV, usually by plea (but possibly at trial), and the Court accepts your plea under § 769.4a, the judge may agree not to enter a conviction on your record if you successfully complete the terms of probation. This “break” is commonly referred to as a “DV deferral” because the entry of a conviction is deferred pending the outcome of a probationary period. Probation usually entails paying a supervision fee (the court cannot impose fines or costs because you have not been convicted of the offense, even though you pled guilty), successfully completing counseling, and avoiding any other legal trouble. If, however, you fail to complete probation successfully, the Court will enter a conviction on your record for the offense to which you pled guilty. A DV deferral is only an option if you have never before been found guilty of an assault or battery.

In addition, if you are convicted of a DV, you may be prohibited from possessing a firearm under federal or state law. You should consult with an attorney to ensure compliance with both federal and state law.