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FELONY AND MISDEMEANOR ASSAULT

Assaultive conduct can result in a wide range of charges from misdemeanor 'assault and battery' up to felony 'assault with intent to murder.' The facts of the case, the relationship of the individuals involved, the injuries allegedly suffered and the use of a weapon can all be factored into a charging decision. For example, a traditional 'assault and battery' can be charged as 'domestic violence' if the people involved are in a domestic relationship. A 'domestic violence' situation may be charged as a 'felonious assault' if a weapon was involved. There are many variables that are taken into consideration, including the strength of the evidence, when a charging decision is made by the prosecuting attorney.

The following are some of the asaultive crimes that can be charged under Michigan criminal law.

MISDEMEANOR ASSAULT AND BATTERY: An assault is any intentional, unlawful threat 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.

A battery is the willful or intentional touching of a person against that person’s will.

Assault and battery is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Depending upon a number of factors, assault and battery can also be charged as misdemeanor domestic violence or aggravated assault.

DOMESTIC VIOLENCE: An assault or battery on an individual's spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

AGGRAVATED ASSAULT: A person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

FELONIOUS ASSAULT: A person who assaults 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 murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

ASSAULT WITH INTENT TO COMMIT MURDER: A person who assaults another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.

ASSAULT WITH INTENT TO DO GREAT BODILY HARM LESS THAN MURDER: A person who assaults another with intent to do great bodily harm, less than the crime of murder, shall be guilty of a felony punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.


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