Michigan compiled laws Section 750.81 sets out 13 different types of possible assault charges within the state of Michigan, along with their sentencing guidelines and fines. It should also be noted that even though assault and battery are often heard together, they are actually two separate charges. Assault takes place when a person intends another harm. Battery takes place when a person actually inflicts harm by physical contact.
There are a multitude of factors that come into play when the type of assault charge is determined against a Defendant. Some of those include the infliction of serious bodily harm, the physical location of the assault, the employee status of the victim, the context of the assault, the means of assault, and whether a weapon was used in the assault. Also, the true intent of the assailant is considered. Was murder the actual intent? Was the intent to maim or torture the victim? All of these will make a difference when sentencing guidelines are imposed.
Sentencing for assault in Michigan runs a wide gamut from a misdemeanor without jail time to felonies with 20+ year imprisonment and thousands of dollars in fines. As stated above, the specific circumstances of an assault will determine which type it is, as well as what punishment should be invoked.
A person who has been accused of assault of any kind could greatly benefit from speaking with an experienced criminal defense attorney. He or she could be instrumental in getting charges, and therefore sentences, reduced or even dismissed.