What is an Assault? What is a Battery?
Many people that hear the words “assault and battery”
believe that some egregious act had to of occurred if an individual is charged
with such a crime. However, this is not always the case. In order to be
convicted of an assault and battery, it is best to first break down the
definition of “assault and battery.”
Assault is the unlawful and intentional threat of bodily
harm where the individual has the ability to carry out the act and the victim
recognizes the threat of such harm. Battery is a willful and intentional
contact with the victim while made against his or her own freewill.
In essence, the assault is an attempted battery. Therefore,
to be convicted of assault and battery there must be contact. This will hold
true even if there was intent to make contact with another individual, yet it
failed to come into fruition. An individual convicted of his or her first
assault and battery can face up-to 93 days in jail and a fine of not more than
$500.00 (a misdemeanor in Michigan).
Those convicted of more than one assault and battery can
face even more time. Punishment increases to a possible 1-year jail term for a
second conviction, attaching a possible $1,000.00 fine. For an individual who
has more than 2 previous assault and battery convictions he or she faces a
felony charge and could be sentenced up-to 2 years in jail with a possible
$2,500.00 fine attached.
PLEASE DO NOT RELY upon any of the information contained in this
article when trying to represent yourself. You should always consult with an attorney
before relying upon any written advice, article, blog etc.
The Law Office of Josh Jones understands the important of
keeping your record clean and making sure that you understand all of the
consequences with any decision that you may make while involved in the criminal
process. We will never leave you without a paddle when sitting in our boat.
Contact us today for your free consultation.
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