The Criminal Defense Law Center of
West Michigan
In Michigan, assault and battery charges can arise from a wide range of allegations, including threats, attempted violence, or unwanted physical contact. An assault generally involves an attempt or threat to cause harm, while a battery occurs when that threat or attempt results in actual physical contact.
These cases may be charged as simple assault and battery, aggravated assault, or felonious assault, depending on factors such as the severity of injuries, the presence of a weapon, prior offenses, and whether the allegation involves a domestic relationship or a protected victim.
Even misdemeanor assault charges can carry serious consequences, including jail time, probation, fines, restitution, and a permanent criminal record.
If you are accused or under investigation, it is critical that you do not speak with police without an attorney, as early decisions can significantly affect the outcome of your case.
Our firm defends assault and battery cases throughout Grand Rapids, Wyoming, Kent County, and West Michigan, with a focus on protecting your freedom, your record, and your future.
A person convicted of a simple assault or of assault and battery faces the following possible penalties:
A person convicted of aggravated assault and battery faces the following possible penalties:
Michigan judges can impose a conditional sentence of only a fine and restitution, and possibly probation, for simple assault or assault and battery. If the defendant defaults on payment of the fine or violates conditions of probation, the court can then impose the jail time allowed under the statute for the crime. (Mich. Stat. Ann. §769.3.)
An assault or assault and battery offender in Michigan also can receive a deferred sentence. The court defers or postpones sentencing for a period of time during which the defendant must serve probation or complete drug treatment court. If the defendant successfully completes probation or drug court, the charges will be dismissed at the end of the deferred sentence period and the defendant will have no conviction on his record. The deferral option also is available to domestic violence offenders with no prior assault or assault and battery convictions. (Mich. Stat. Ann. §769.4a.)
Finally, judges can sentence an offender to probation instead of jail time. A person on probation must meet regularly with a probation officer and comply with conditions set by the court, such as no further arrests or convictions, attending counseling or performing community service. If a person violates a condition of probation, he can be arrested, resentenced and required to serve the maximum sentence period in jail, with no credit for the time he served on probation. Unlike the deferred sentence option described just above, the defendant who successfully completes probation will not receive a dismissal.
Someone convicted of assault or battery in Michigan will be required to pay restitution, which means reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling. (Mich. Stat. Ann. §769.1a.)
If you are facing a charge of assault or battery in Michigan, an attorney can investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial. If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or prepare a defense and represent you at trial if you believe you have been wrongly accused or if there are no reasonable plea options. Prosecutors often will negotiate and agree to let the defendant plead guilty to a different, less serious crime. Or, the prosecutor may agree to a deferred sentence or a lighter sentence, such as probation, in exchange for a plea of guilty to the charge.
A criminal conviction – whether for a misdemeanor or a felony – becomes part of your permanent criminal record. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. A convicted felon loses the right to vote, hold public office, serve as a juror (for seven years) and carry or own firearms. In certain circumstances, a felony conviction also can result in loss of a professional license. A criminal record—even a misdemeanor conviction, and particularly a conviction for a violent crime—can hurt you when you are looking for a job or applying to rent a house or apartment.
Only someone familiar with the local West Michigan criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights.
Call The Best Assault and Battery Defense Lawyer in Grand Rapids, Michigan today at 616-438-6719. Attorney Shawn James Haff will talk to you about your case and get you the best results possible. He really knows how to get the best result possible for his clients. Do not hire another lawyer until you have talked to Shawn First! Call him now at 616-438-6719.