Few events are as frightening as being charged with a crime of violence like assault and battery. Since these two terms are often used interchangeably, you may think they are considered the same offense.
That may be so in some states, but Michigan defines battery as a component of certain assault offenses. Understanding how physical contact affects the charge can help you better assess your situation and prepare for what comes next.
What is assault?
Assault is defined as an intentional act that causes someone to reasonably fear imminent physical harm. No physical contact is required for an arrest.
For example, threatening to hit someone or making a menacing gesture could lead to an assault charge. Michigan recognizes various degrees of assault, including aggravated assault and assault with a dangerous weapon, which carry more severe penalties.
What is assault involving physical contact?
Battery refers to the physical contact aspect of an assault – specifically, the intentional and offensive touching of another person without consent. This could involve hitting, pushing or any unwanted physical interaction.
Charges involving both threat and contact are typically prosecuted as “assault and battery.” Like other forms of assault, these cases may be elevated depending on the severity of harm caused.
Which is more serious?
In most situations, assault involving physical contact is considered more serious than simple assault because it includes actual harm. However, the severity of the charges depends on the circumstances.
The presence of a weapon, serious injury or a protected victim (law enforcement, healthcare worker, etc.) can all increase potential penalties.
Legal guidance is essential when facing criminal charges. Talk to someone who knows Michigan law to improve your odds of a favorable outcome.