Assault And Battery Attorneys

Do You Need a Criminal Defense Attorney to Help You Defend Against an Assault and Battery Charge?

Facing assault and battery charges in Michigan can be an emotionally taxing experience. You may be experiencing feelings of anxiety, fear, and uncertainty about the future. It is crucial to seek the help of an experienced assault and battery attorney to protect your future and your freedom while limiting the adverse effects of charges against you.

Assault and battery charges can have severe implications for your future. A conviction may lead to imprisonment, hefty fines, and a criminal record that could affect your employment prospects and personal life. Our experienced Michigan criminal defense attorneys understand these stakes. We will analyze your case’s specifics, develop a strong defense strategy, and work tirelessly to protect your future.

Depending on the evidence and circumstances, we may negotiate with the prosecution to reduce the charges or sentence. This strategy can sometimes lead to dropped charges. Our experienced assault & battery attorney team will fight to preserve your freedom, ensuring all available defenses are explored, and no stone is left unturned in your defense.

Facing assault and battery charges doesn’t have to mean your life is over. With the right legal help, navigating this challenging time and working towards a positive outcome is possible. Legal proceedings can be stressful. An empathetic attorney can provide emotional support throughout the process, explain each step, and help you understand your rights and options.

The experienced criminal defense legal team at LaBre Law Office can provide the support and representation you need during this difficult time. Call us today to schedule a consultation so we can discuss your unique case and begin building your defense strategy.

Understanding The Different Levels of Assault and Battery in Michigan

Assault and Battery are two separate crimes in Michigan; however, they are often lumped together due to their nature. Assault is an attempt or threat to cause physical harm, whereas the act of battery actually causes physical harm.

As with any crime, there are varying levels and classifications. Our attorneys have experience fighting the following types of assault and battery charges in Michigan:

• Simple Assault and Battery
  • Up to 93 days in jail, a fine up to $500, or both
  • Probation up to two years, and
  • Restitution

• Aggravated Assault and Battery 
  • Up to one year in jail, a fine up to $1,000, or both
  • Probation up to two years, and
  • Restitution

• Domestic Violence Assault and Battery 
  • First Conviction: up to 93 days in jail, a fine up to $500, or both, or probation for up to two years, and restitution
  • 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.
  • Two or More Prior Convictions: 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.

Penalties Vary, Depending on the Victim

Committing the same act of assault and battery against different individuals can lead to significantly different legal consequences. For example, the penalties increase if someone threatens an employee of Child Protective Services, a pregnant woman, or a police officer.

Assault and Battery charges can potentially ruin the rest of your life. You need an ally, someone who can fight for you. That’s where the experienced attorneys at LaBre Law Office come into play; we do not shy away from any case. We will closely examine the unique facts of the alleged incident and the events surrounding it while working with you to build a strategy appropriate for you and your case.

Common Assault & Battery Scenarios

Assault and battery are two separate but related crimes. In Michigan, assault is an attempt or threat to harm someone, whereas battery involves actual physical contact. The following are some common scenarios of assault and battery:

1. Simple Assault: This involves threats or attempts to cause physical harm without the use of a weapon. A simple assault can lead to misdemeanor charges.
2. Aggravated Assault: This occurs when an assault leads to serious injury. It is usually a misdemeanor but carries harsher penalties than simple assault.
3. Assault with a Deadly Weapon (also known as Felonious Assault): This involves an assault with a weapon that could cause serious injury or death. It is a felony.
4. Assault with Intent to Commit Murder: This is a grave assault charge and involves an assault with the intent to kill. This felony can lead to life imprisonment.

The degree of the victim’s injuries can significantly impact charges and sentencing. More severe injuries typically lead to more serious charges and harsher penalties. You should act quickly if you need a lawyer for assault charges, as there may be an opportunity to influence reduced charges.

Other factors affecting the severity of charges include the characteristics of the person attacked (e.g., if they are a police officer or a vulnerable person), the motivations or intent of the attacker (e.g., hate crimes), and whether the defendant has prior convictions.

Defenses Against Assault and Battery in Michigan

Some potential defense strategies for assault and battery charges in Michigan may include the following:

1. Self-Defense: This is a common defense in assault and battery cases. We could argue that you acted to protect yourself or others from imminent harm. This defense would require evidence showing you had a reasonable belief that force was necessary to prevent harm.
2. Lack of Intent: Assault charges often hinge on the intent to cause harm. If we can show that the act was accidental or lacked intent, we could potentially have the charges reduced or dismissed.
3. Consent: In some situations, proving that the alleged victim consented to the act might serve as a defense. However, this is often difficult to establish and is not applicable in all cases.
4. False Accusation or Mistaken Identity: If evidence suggests you were falsely accused or mistaken for the perpetrator, we could use this to challenge the charges.
5. Defense of Property: If the incident occurred when you were defending your property, we could use this as a defense, depending on the circumstances.

When developing a defense strategy, we’ll thoroughly examine the facts, witness statements, and any other relevant evidence. We’ll consider factors like the use of a weapon, allegations of intent, and characteristics of the alleged victim.

Specific Michigan statutes related to assault and battery will significantly influence our strategy. For example, Michigan law allows the use of deadly force without the duty to retreat in certain situations, which could be relevant if a weapon was involved. Discuss this possibility with your assault with a deadly weapon lawyer if this applies to you. Every unique case requires a tailored defense strategy. Our criminal defense team stands ready to help you.

Contact LaBre Law Office to Discuss Your Assault and Battery Case and Begin Planning Your Criminal Defense Strategy

When it comes to something this important, don’t wait. Don’t let these charges ruin your life. We can help you throughout the “Michiana” area, on either of the Michigan-Indiana border. Our experienced assault and battery lawyer team will work diligently to seek positive developments in your case, towards reduced charges or even case dismissal.

Call LaBre Law Office today to schedule a consultation for your assault and battery case. We will discuss the unique details surrounding the charges or allegations and consider implications and options before beginning to plan your criminal defense strategy.

LaBre Law Office — Excellence is Our Standard