Detroit Assault & Battery Lawyer
You might be tempted to dismiss an assault and battery charge as no big deal, but it is. Assault and battery charges quickly become felonies. If the victim says you caused an injury or the prosecutor claims you had meant to cause serious harm, you might face multiple years in prison.
Because prosecutors want to look like they’re tough on crime, they’ll charge you with the highest crime they can. The best thing for you to do is hire a skilled Detroit assault and battery defense lawyer. Martin Drias, the founder of Drias Law Group, will immediately dig into your case. He’ll look for whether the charges should be reduced or dismissed. His goal is to beat these charges, or if necessary, mitigate the consequences of a conviction.
To learn how to defend yourself against assault and battery accusations, call (313) 944-0236. Your first consultation is free and confidential.
Why We’re the Right Firm for You
You have your pick of criminal defense attorneys in Detroit. What makes Drias Law Group stand out?
Experience as a Prosecutor
Not all defense attorneys can say they know what it’s like on both sides of the courtroom. Martin Drias can. He previously worked as an assistant state’s attorney in Macon County, Illinois, where he gained experience with bench trials, jury trials, and negotiating plea agreements. Now, he uses his prosecutorial experience to his client’s advantage.
Honest Advice
Attorney Davis isn’t one to make big promises and then not follow through. He’ll thoroughly review the facts of the case. He’ll consider it from every angle before giving you his honest opinion. It might not be what you want to hear. But whatever the circumstances, he’ll fight for the best possible outcome.
Consistent Communication
You’ll always know what’s going on. Martin Drias is available to answer your questions and give you regular updates on your case’s progress.
Good Results
You want a defense attorney who can show you he gets results. Take a look at Drias Law Group’s recent results. Whenever possible, Martin Drias works to have charges dismissed. The best possible outcome is to not go through a trial at all. Other options are to get the charges reduced, negotiate plea bargains, and push for an acquittal at trial.
How We Can Help
We’ll work on getting you, your relative, or your friend out of jail. No one should sit in jail while awaiting trial. You or your loved one should be able to continue working, pursuing education opportunities, and being with family.
Next, we’ll listen to your story and start to gather evidence. We’ll talk with witnesses who saw the alleged crime. We get to the bottom of what happened and why you’re facing charges right now.
The next step is to gauge the likelihood of your charges being reduced or dropped. If that’s a possibility, we go for it. But we also prepare to take your case through trial. The prosecutor has the burden of proving you committed the crime beyond a reasonable doubt. We’re here to create doubt.
The Difference Between Assault and Battery
An Assault Is a Threat
To understand Michigan’s assault and battery charges, you have to know these are two different crimes. Assault is when your words or actions cause another person to reasonably fear for their safety. Assault is often threatening violence when it appears you could carry out your threats. You can be charged with assault if you threaten to punch someone outside a bar, and there’s no visible reason why you couldn’t.
Battery Is Physical Contact
Battery is physical contact between you and another person. For a prosecutor to charge you with battery, you have to intentionally touch another person in a violent, forceful, or offensive way. You don’t have to hurt anyone. The victim might be offended or angry but not have any physical injuries. If you followed through with your threat and punched the other person outside a bar, that’s battery.
Common Assault and Battery Crimes
Martin Drias is well-versed in assault and battery offenses, from misdemeanors to felonies. He’s handled all types of these cases and often won fair results for his clients. Whatever charge you’re facing, talk with a Detroit assault and battery lawyer about your options, including potentially getting the charge reduced or dismissed.
Simple Assault
Under Michigan Penal Code Section 750.81, simple assault and battery is a misdemeanor. You can face up to 93 days in jail and fines up to $500.
Second and subsequent charges for simple assault can come with longer sentences and higher fines, particularly if the offense constitutes domestic violence.
Aggravated Assault and Battery
Under Section 750.81a, aggravated assault and battery is an assault and battery without a weapon that causes a severe or aggravated injury. There also must not have been a person’s intent to cause great bodily harm or commit murder.
What is a severe or aggravated injury? It’s one that:
- Requires immediate medical attention
- Causes a disfigurement
- Causes a medical impairment
- Impairs a bodily function
Aggravated assault and battery is a misdemeanor, punishable by up to one year in jail and fines up to $1,000.
Felonious Assault
Felony assault includes assault with a weapon or assault with intent to cause great bodily harm or death. Under Section 750.82, you can face a felony charge if you commit an assault and battery with a gun, knife, club, brass knuckles, or another dangerous weapon without intending to cause great bodily harm or death. You face up to four years imprisonment and fines up to $2,000.
Under 750.83, assault with intent to commit murder is a felony punishable by life in prison. The judge can sentence you to any term of imprisonment.
If you assault someone with the intent to cause great bodily harm or assault someone by strangulation or suffocation, you face a felony based on Section 750.84. You can be sentenced to up to 10 years in prison and fines reaching $5,000.
Torture
Another type of felony assault is torture. Under Section 750.85, you face up to life in prison if you cause someone significant bodily injury or severe mental pain or suffering. This crime requires you to intend to cause cruel or extreme physical or psychological pain and suffering. You also have to have custody or physical control over the victim, which means forcibly restraining their movements or ability to come and go as they please.
Assault With Intent To Maim
Under Section 750.86, you face a felony punishable by up to 10 years imprisonment and $5,000 in fines if you assault someone with the intent to maim or disfigure them. That includes destroying their tongue, eye, ear, nose, lips, limb, organ, or member.
Assault and Battery While Committing a Felony
If you committed assault and battery during a kidnapping, burglary, rape, or another felony, you face up to 10 years in prison and fines up to $5,000 based on Section 750.87.
Under Section 750.88, if you commit an assault while intending to rob and steal from a stranger without a weapon, you can be imprisoned for up to 15 years.
Assault on Protected Workers
Michigan law protects certain workers who face a higher risk of assault and battery because of their jobs. That includes social workers, utility employees, police officers, firefighters, emergency responders, and others. If you’re accused of threatening or harming one of these individuals while they work or because of their work, you face harsher penalties.
Under Sections 750.81c, 750.81d, 750.81e, you may face several years in prison.
How We Defend You Against Assault and Battery Charges
You need a Detroit assault and battery lawyer who will mount an aggressive defense. You can’t wait around to see what happens. You need to protect your rights immediately by hiring an experienced lawyer to look into your case. A defense attorney can leverage the facts in your favor.
There are several possible defenses, including:
- You acted in self-defense
- You acted in defense of others
- The victim is making false accusations
- There’s been a mistake of identity, and you aren’t the culprit
- You didn’t intend to harm the other person
We carefully review the facts of your case to determine the best defense. What worked in one matter might not work for yours.
Self-defense is a common defense, but it’s more complicated than you might think. You have to establish several elements. You have to show you reasonably believed the other person was about to touch, attack, or hurt you. You must also show you reasonably thought you needed to fight back. You can’t have used any more force than was necessary to protect yourself from harm.
Call a Detroit Assault and Battery Defense Lawyer Today
If you’re ready to fight assault and battery charges, give Drias Law Group a call at (313) 944-0236. You also can reach out through our online form to schedule a free, confidential consultation.
Charged with a violent crime? Contact us today.
Your initial consultation will always be free and confidential. Call (313) 944-0236 today or fill out the form below and we will help you.
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