Michigan Assault and Battery Definition Under MCL 750.81 is Explained by
Criminal Defense Attorney Brian J. Prain
The Michigan Assault and Battery Definition under MCL 750.81 is admittedly a little complicated, but the concept is simple: an unwanted touching. But how do you know if something you've been accused of meets the Michigan Assault and Battery Definition? The Michigan Assault and Battery law, MCL 750.81, does little more than tell you than Assault and Battery is indeed a crime in Michigan, and that it is punishable by up to 93 days in Jail and/or a $500 fine. The Michigan Assault and Battery Definition actually comes from our "case law," meaning decisions made by Judges over hundreds of years, rather than by the Michigan Legislature.
A "Battery" under the Michigan Assault and Battery Definitionis "a forceful, violent, or offensive touching of the person or something closely connected with the person of another. The touching must have been intended, not accidental, and it must have been against the other person ’s will. It does not matter whether the touching caused an injury. Even without direct touching, a Battery can include a touching by any object set in motion.
The Michigan Assault and Battery Definition also requires that you intended either to commit a Battery upon or to make another person reasonably fear an immediate battery. Using this Michigan Assault and Battery Definition, here are a few common examples of violations of Michigan's Assault and Battery law (some are obvious, others are obscure and unlikely to be charged as crimes):
- Hitting someone with a closed or open fist;
- Attempting to hit Person 1 and instead accidentally hitting Person 2;
- Pushing someone;
- Spitting on someone;
- Throwing a drink on someone;
- Throwing another object at someone and hitting them.
You should also know that the Michigan Assault and Battery Definition contains acts that are actually justified (i.e. not considered a crime at all) if the Prosecution fails to prove beyond a Reasonable Doubt that you did not act in lawful Self-Defense. Click the link that follows in this sentence for an article on how Self-Defense affects the Michigan Assault and Battery Definition.
If you or someone you know if facing a Michigan Assault and Battery charge, you should know that Prain Law, PLLC not only concentrates on Criminal Defense, but within the larger context of Criminal Defense, concentrates on Michigan Assault and Assault and Battery charges. If you're still reading, why not have the Michigan Assault and Battery Definition explained to you personally by Michigan Assault and Battery Attorney Brian J. Prain. Call now at (248) 731-4543. Not in the mood to talk? Fill out the e-mail Contact Form.