Assault and Battery

Assault and Battery are both described below.

Assault and battery crimes are misdemeanors. They fall under MCL 750.81.


An assault can be either:

  • an attempt to cause physical injury to another person.
  • any intentional unlawful act or threat of action.

If the offender appears to have the ability to carry out the threat and the action reasonably causes a person to feel afraid of impending violence, the act is an assault.


A battery is:

  • the intentional infliction of violence or force against another person.


  • The Accused faces up to 93 days in jail, a fine up to $500, or both,
  • Probation up to two years, and
  • Restitution


The defenses available in assault and battery cases can vary widely depending on the facts and circumstances, mainly because such cases can range from the straight-forward to the extremely complex. However, operating under the assumption that the basic elements of an assault / battery exist in a case, the following are some possible defenses to assault and battery charges: Self-Defense, defense of others, defense of property, or consent.

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