Lansing Assault and Battery Lawyer
Assault and battery charges can be brought against anyone in Lansing, and they can quickly escalate into serious charges. If you think you may be charged with assault, do not wait one more second. Call a Lansing defense attorney at Grabel & Associates. You'll see just how quickly we can take control of the situation and build a strong defense to ensure that your rights are protected throughout the process.
Definition of Assault and Battery
In Michigan, assault is defined as the attempt to cause bodily harm or the threat of such an attempt, while battery is the actual act of inflicting bodily injury. Although an assault and battery charge requires the victim to be injured in some way, a person can be charged with assault even if the victim is unharmed, if he attempted to inflict injury or even threatened to do so in a way that a normal person would reasonably believe a battery was about to follow. Although assault in Lansing does not have to include battery, battery always involves assault, since there must always have been the threat of harm before the harm actually occurred.
Assault and Battery Charges
There are several degrees and variations of violence that can lead to an assault or assault and battery charge. The most basic form of assault is called simple assault. This is defined as an act that causes another person to reasonably believe that he or she is going to be battered, either at that time or in the immediate future. If the violence that was threatened actually occurs, the charge will be simple assault and battery. If convicted of either charge, a person will spend as many as 93 days in jail and have to pay a fine of up to $500.
From here, assault charges can escalate quickly, and a simple assault can become very serious if other factors begin to come into play. For example, if an assault is committed against individuals in certain public offices, such as a public utility or child protective services worker, the maximum penalty increases to a year in prison, a $1,000 fine, 2 years probation, and restitution for the injury. If the victim is a police officer or emergency worker and was assaulted while performing his duties, what would otherwise be a misdemeanor becomes a felony assault, punishable by up to 2 years in prison.
The penalties can increase even higher if a person is charged with other types of assault, including:
- Assault with intent to cause great bodily harm
- Assault with intent to rob and steal
- Assault against dating partners, family members, or other members of a household
Assault with intent to cause great bodily harm means that a person has caused or threatened to cause a serious injury of an aggravated nature to another person. With it comes a penalty of up to 10 years in a state prison and as much $5,000 in fines. If you have previous convictions for assault with intent to cause great bodily harm, then the sentence could be upgraded significantly.
Assault with intent to rob and steal can vary depending on whether or not a deadly weapon was used. If a weapon was not involved, then a person can face up to 15 years in a prison.
The most serious charges for assault and battery comes with assault with intent to commit murder and assault with intent to rob or steal and involving the use of a weapon. If convicted of either of these charges, a person can face life imprisonment, which is why it is so important that you contact an associate at Grabel & Associates immediately as soon as possible after your arrest.
If you have a previous assault conviction, a second charge places you in jeopardy of becoming a “repeat offender.” This means, that in addition to receiving another charge on your permanent record, the maximum sentence for any felony assault automatically rises 25%. For a third offense, you can receive up to 50% more prison time, and a fourth offense will double it.
This is one reason why it's extremely important to keep such offenses off your record and make sure an overly-zealous prosecution does not inflate a misdemeanor charge into a felony offense. There are many ways in which this can happen, especially since the line between an “injury” and a “serious injury” is not clearly defined. Weapons charges can also be laid against you, even if you were not handling a conventional weapon, such as a knife or gun, if the way in which you were handling an object can be construed to be “dangerous.” In cases such as these, you need an experienced attorney who can work to get such inflated charges discredited and get you the justice you deserve.
Contact Grabel & Associates
If you're facing assault and battery charges, know that you don't have to face them alone. Call Grabel & Associate and get started on building a solid defense. Our toll-free number is 1-800-342-7896, and you can also contact us through our website. Do not put your freedom at risk. Contact Grabel & Associates today.