Heated altercations in public places frequently lead to assault allegations. An allegation of simple assault in Michigan can lead to your being charged with a crime, making it important that you take such an allegations seriously. You need to understand Michigan law regarding the matter.
One key point to observe is that assault and battery are treated as distinct and separate crimes. Assault is any threat of or attempt to injure someone, while battery refers to the action itself. Therefore, it is possible to be charged with assault while never having made physical contact with the person.
What does the law say about assault?
The Michigan Penal Code makes a differentiation between different types of assault and how they are punished. However, there are general laws for simple assault that are enforced as long as there is not another applicable statute. Simple assault charges are misdemeanors. Convicted defendants face no more than 93 days in jail and fines of $500 or less.
What happens if I was accused of an assault with a weapon?
An assault becomes much more serious when a weapon is involved. If you have been wrongly accused of assault with a weapon, it is important that you are able to prove that you did not use a weapon, or that you did, but had a good reason, e.g., self-defense, and thus, used it lawfully.
The requirement of intent for battery and assault
In order for battery and assault charges to be enforced, the courts must be convinced that intent was involved. In your defense, you may detail why you had no motive or intent to cause injury to the person involved.
If you have been accused of assault or battery in the state of Michigan, it is important to take immediate action in order to defend yourself. Convictions on these charges can impede many areas of your future life, including barring your eligibility for student financial aid, housing in some environments and your fitness as a custodial parent. A conviction could potentially even preclude your working in certain industries and adversely affect your ability to earn a living plying your trade.