Being charged with assault and battery is a scary situation, and you need to hire the assault and battery lawyer Greenville, MI relies on for the top defense available. Blanchard Law has extensive experience defending assault and battery cases in Montcalm County, Kent County, Ionia County, and throughout Western Michigan.
There are various types of assault and battery offenses that may be charged. The least serious is a misdemeanor assault and battery, which is punishable by a maximum of 93 days in jail and a $500 fine. A misdemeanor assault and battery simply requires that a person intend to commit a harmful or offensive touching of another person.
If the assault results in an injury, you could be charged with aggravated assault. Aggravated assault is also a misdemeanor, but it is punishable by up to a year in jail. It is an assault that results in some kind of injury.
A felonious assault is an assault that involves the use of a dangerous weapon. It is a felony that is punishable by up to four years in prison. A felonious assault could be committed when someone points a gun at another person in a threatening manner, or threatening someone with a knife. It doesn’t necessarily require actual use of the weapon; simply the threat that the weapon will be used.
A more serious type of assault is assault with intent to do great bodily harm less than murder. This is a 10-year felony. Similarly, another 10-year felony is assault by strangulation. If you commit an assault that involves choking or intentionally cutting off someone’s airway, it becomes a serious felony.
You could also be charged with assault with intent to commit murder, which is punishable by up to life in prison.
The most common defense to assault and battery is self-defense. It’s not unusual to see someone get charged with assault and battery, not because they started a fight, but rather because they successfully defended themselves against someone else’s attack.
You acted in self-defense if you reasonably believed that the use of force was necessary to protect yourself against the imminent use of unlawful force against you by another person. You can only use the amount of force that seems necessary at the time to protect yourself against the use of force by another person.
If you raise a defense of self-defense in an assault and battery case, the prosecutor must prove beyond a reasonable doubt that you did not act in self-defense. Therefore, the burden is not on you to prove that you in fact did act in self-defense, although you must show sufficient facts to indicate that you acted in self-defense to get the judge to instruct the jury on the defense of self-defense.
Blanchard Law’s Greenville, Michigan assault and battery lawyers have extensive experience in defending those charged with assault and battery who make a claim of self-defense. We thoroughly investigate claims of self-defense, and help you find evidence to prove that you were not the aggressor.
If you have been charged with assault and battery in Montcalm County or the surrounding area, contact Blanchard Law, the assault and battery lawyer Greenville, MI trusts to represent them in the most serious cases. Contact us now at 616-773-2945.