A criminal charge of any type is something nobody relishes, and the immediate aftermath of such allegations can bring panic, confusion, and shame. This is particularly true when the accusations involve the assault of another person in Birmingham. While it is not uncommon for people to interchangeably speak of assault and battery, the two are in fact distinct actions according to Michigan law.
Those convicted of this category of crime may be saddled with an array of sanctions, ranging from fairly minor to extremely severe. Given the potentially profound ramifications of an assault and/or battery conviction on all aspects of life, the assistance of a Birmingham, Michigan assault lawyer with a track record of results can prove invaluable. To discuss your assault case and the steps involved in building a defense, call and schedule a consultation with an assault attorney in Birmingham today.
Birmingham Assault and Battery LawsThe relevant statute in Michigan describes assault as an intentional act that places another party in immediate fear of a harmful, offensive, or unwanted contact. Many are surprised to learn that no actual contact of a physical sort is required for assault to be established, as long as the alleged victim was, in fact, fearful of imminent harm.
It is important to note, however, that the crime of battery does involve physical contact directed toward a non-consenting recipient who suffers personal offense or bodily harm. Therefore, it is possible for a battery in Birmingham, Michigan to occur even if no actual injury is suffered, provided that the touching itself was unwelcome. These elements can often be confusing, cementing the necessity of a Birmingham assault lawyer to properly defend the charge.
Potential Penalties of AssaultMich. Comp. Laws § 750.81(1) provides that those convicted of a simple type of assault or an assault and battery in Birmingham who do not have a history of other crimes or aggravating factors will be guilty of a misdemeanor punishable by incarceration lasting no longer than 93 days along with a fine no greater than $500.
Defendants who have prior convictions for assault and/or battery crimes against a former spouse or love interest, current spouse, co-parent, cohabitation partner, or someone who is known to be pregnant may spend a year in jail and owe upwards of $1,000 in fines.
Furthermore, Birmingham, Michigan statutes provide for increasingly severe punishment, including lengthy prison terms, for those found guilty of committing one or more aggravated or enhanced assault and/or battery offenses. These crimes, which warrant the attention of a Birmingham assault lawyer immediately include:
It is indisputable that the consequences facing those convicted of assault and battery in Birmingham can be lasting and profound. Jail terms, fines, job losses, probation and other ancillary effects are significant hurdles which many find difficult to ever overcome. However, those accused of such offenses do not need to concede defeat and should defend against such a charge using a Birmingham assault lawyer.
Winning legal theories, including self-defense, are frequently available to individuals charged with assault and battery, but there is no time to lose in terms of gathering critical evidence and formulating persuasive arguments. Therefore, the sooner the help of a dedicated assault attorney in Birmingham, Michigan is obtained, the greater the chances of a positive outcome.
Building a DefenseSuccessful defense of an assault charge in Birmingham requires thorough investigation and a willingness to attack the prosecution's evidence and positions at every turn. Zealous advocacy for the accused boosts the likelihood that assault charges in Michigan will be reduced or even dismissed, or at the very least, that a mitigation of sanctions may be achieved.
Charges of assault and/or battery in Michigan must never be taken lightly, given the penalties routinely imposed on those who are convicted. To learn more how an assault lawyer in Birmingham with our firm can shoulder the burden on your behalf and fight to protect your rights, freedom, and future, contact us today.