Michigan Criminal Defense Attorney - Assault & Battery - Defined, Generally

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. 

Resisting, Assaulting, Or Obstructing Police Officer - Josh Jones - Michigan Criminal Defense Lawyer - ALL FELONIES & MISDEMEANORS

Resisting, Assaulting, Or Obstructing A Police Officer - A Minor Act With Huge Consequences

A very common crime that is charged when an individual is arrested is resisting and obstructing a police officer. The one issue involved with this type of charge is that in order to be convicted very little action is needed.  MCL § 750.479 reads as follows: “A person shall not knowingly and willfully do any of the following [a]ssault, batter, wound, obstruct, or endanger” a police officer "acting in the performance of his or her [lawful] duties."

Therefore, any intentional force, touching, pulling, or otherwise resisting a police officer’s attempt to arrest and/or detain an individual can be charged with this time of crime. Not only are the facts usually against an individual defendant in such a case, but so is the potential punishment. An individual convicted of resisting and obstructing an officer will have a felony on his or her record and can face up to 2 years in jail and/or a $2,000.00 fine. Moreover, probation will be ordered and a court, while on probation, will likely order other requirements.

Not only are the punishments for this crime fairly steep, but the statute also does not limit the prosecution from tacking on other crimes that were involved in the incident. Furthermore, if the incident involves bodily injury, serious impairment, or death the possible punishment increases, ranging from 5 years to a possible 20 years in jail respectfully.

Many courts take these charges seriously, along with the prosecution. Make sure you have the right representation on your side when charged with resisting and obstructing a police officer.

Contact Josh Jones today. He knows the law, will fight for your rights, and always has your back. 

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON. 

Domestic Violence Outline - Michigan Criminal Defense Lawyer - Josh Jones - ALL FELONIES & MISDEMEANORS

Outlining Michigan's Domestic Violence Statute

Assaultive crimes vary substantially here in the State of Michigan, meaning there are multiple classes or categories of assaultive crimes. The basic definition of an assaultive crime begins with an assault. An assault is simply the unlawful and intentional threat of bodily harm to another attached with the ability to carry out the act. Moreover, the victim needs to recognize the threat of his or her “attacker.” The more common assaultive crime attaches to it another element or piece to the definition of assault, which is known as battery.  Battery is a willful and intentional contact (or actual contact made) with the victim, which is made against the victim’s freewill.  Therefore, an assault is an attempted assault and battery (or battery).

Within the umbrella that is assaultive crimes lies the crime known as domestic violence of assault against a person in a dating relationship with the defendant.

The term domestic violence, as mentioned above, falls under the statutory definition of a “dating relationship.” If the individual committing an assault or assault and battery on his or her 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 the same household then he or she is in a “dating relationship.” See MCL § 750.81a(3).

If convicted an individual faces a 1-year misdemeanor and/or $1,000.00 fine. Those convicted of one or more assaults will face a 2-year felony with a possible $2,500.00 fine.  Any subsequent conviction that is counted for a domestic violence defendant will include other assaultive crimes. It is imperative, if not essential, to contact a criminal defense attorney when an individual faces a prior conviction or multiple prior convictions involving domestic violence and/or other assaultive crimes. 

There is also a diversion program for first-time offenders convicted of or who plea guilty to a domestic violence charge. This individual can receive an automatic expungement of the charge upon successful completion of probation and its terms. Moreover, in order to qualify for the diversion program the individual must not have been convicted of a prior assaultive crime.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.