In the state of Michigan, there are two kinds of offenses. We have already generally talked about misdemeanors and felonies. While one characteristic category is different from the other, the crimes of assault and battery or domestic violence or assault could just be considered as minor offenses or minor criminal offenses, it may still happen that the minor criminal offenses can escalate to a felony charge in some circumstances.
In this article let us look at the process of escalating a misdemeanor assault to a felony charge.
Before moving forward it is important to first discuss that the offense of assault and battery means that the defendant made unintentional physical contact with another person without that person’s consent to do so any kind of touching of the other party no matter how slight it is insufficient to constitute an assault and battery charge.
On the other hand, domestic violence is charged when an assault and battery case occurs and there is a close relationship between the parties. Domestic violence often happens between persons who are living in the same household and who have close physical proximity at all times.
There is often a very small kind of list for the minimal physical contact with the intent other than to cause harm that would constitute a misdemeanor charge of assault and battery or domestic violence.
Some of the cases that we have seen on misdemeanor charges of assault and battery and/or domestic violence are the following:
Taking the car keys of another person
There is one case where taking the car keys of another person to prevent other parties from driving while intoxicated is already considered as assault and battery if the taking is not done right. This often comes with the belief that the taking of the car keys of another person is necessary to protect them from harm. If you use the dram shop law and liability or the social host liability, it can potentially be considered as valid but it depends on the circumstances of the case.
Jostling another person
In some cases, jostling the other party while attempting to escape from a volatile environment is one of the main reasons why people file for an assault and battery case. In some circumstances, people have been looking at their protection in this instance, especially when it seems that a stampede may happen.
Self-defense or trying to defend your person against another is also one of the common reasons for filing a criminal charge of assault and battery at a misdemeanor level.
Restraining Another Person
When you restrain another person and that causes physical harm to him it is also considered as one of the acts that may constitute a misdemeanor assault and battery case or domestic violence depending on the circumstances of the case.
No Easy Dismissal For Assault and Battery Cases and Domestic Violence Cases
One of the more unique characteristics of an assault and battery case or a domestic violence case is the fact that the individual will not be able to easily remove it from the record or ask the court to easily remove the domestic violence charge or the assault and battery charge from their record.
Once a 911 call has been logged in the record of the household or of the parties involved it will become harder and harder for them to have it removed from their records and the cases will often prosper depending on the circumstances of the case.
When an arrest has already been made in a criminal case has already been filed in the system of the state it becomes highly improbable to get it removed from the system and you would need to see the case through since there is the specific protocol required in such circumstances of an assault and battery case as well as domestic violence cases.
The Escalation From A Misdemeanor to A Felony
To best describe the escalation of a misdemeanor domestic violence case or a misdemeanor assault and battery case to a felony charge, we must talk about an example.
In one of the cases that we have handled our client was forcibly pulled by her husband causing the shoulders to be dislocated and her head hit the counter isle their kitchen. When the misdemeanor charge happen it would have only been at the time when the husband may have slightly touched the shoulders of the wife but it becomes a felony when the husband cost the dislocation of the wife’s shoulder and when the wife hit her head in the counter aisle love the kitchen causing a bloody crime scene for the police to see.
In the example that we have provided the Michigan police decided that the best way for them to handle the case is to arrest the client and the prosecutor then charged the client with a felony that could carry up to 10 years in prison and the crime of assault with intent to strangle or soft kit was filed against the individual.
It is a single act of causing intent to do great bodily harm or intent to maim that differentiates the act of a misdemeanor assault or misdemeanor assault and battery case compared to a felony case of domestic violence or felony case of assault and battery.
This difference is important to note when we talk about the felony charges of assault and battery in the next part of this article series.
Defending A Domestic Violence Case
If you have committed domestic violence or need help prosecuting one, it is important to know that you also have a team that can help you out with your specific needs. The legal consequences of domestic violence are dire and must be addressed as soon as possible. Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you’ve been charged with a domestic violence crime you need a criminal defense lawyer on your side, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call. If you merely defended yourself, you need to prove that you have done self-defense and nothing else.