Now Accepting New Clients!

Understanding the Difference Between Assault and Battery

Original Post: 11/15/2017

A man aggressively holds another, assulting him, while the victim tries to defuse the situation. For some, assault and battery are two terms that are commonly mixed up or used interchangeably while conversing.

Even though both assault and battery are crimes, they differ in nature and attract different sentences. Regardless of being different crimes, assault and battery have severe penalties, especially if the people charged are prosecuted and convicted as per the fullest extent of the law.

In this article, we break down the differences between the assault and battery so you can more clearly understand both. 

Differences Between Battery and Assault

The major difference between an assault charge and battery charge is the threat of harm and the actual presence of harm.

One is charged with battery if they have caused real physical harm to someone else. An assault charge is when one has caused a threat of harm.

Since the charges are quite different, they attract different penalties if there is a conviction. If someone is facing either of the charges, they could be subjected to fines or a jail term.

Qualities of Assault

  • Justification is self-defense or defense
  • The purpose is to threaten
  • Not always physical

Qualities of Battery

  • Justification is either necessity, self-defense, or defense
  • Physical contact
  • Causes harm

Defense to Battery and Assault

The most common defense approach for assault or battery is mutual consent, even though the definitions of these two crimes can vary depending on the state someone is in. Through mutual consent, both parties will own up to the situation meaning that there will not be a one-sided approach in the case.

Other common defenses to battery and assault charges include defense of property, defense of others, or self-defense. It’s important to note that you can only use these defense approaches if the amount of force you used to defend yourself or others was proportionate to the battery or assault you intended to stop. 

Get Experienced Legal Advice for Your Assault or Battery Charge

Even though the consequences of a potential conviction are frightening, an experienced and knowledgeable attorney from Aldrich Legal Services will provide you with a great defense team. In many cases, experienced legal representation can help you avoid conviction or lower your damages. 

If you or someone you know need a reliable criminal defense attorney, enlist the help of an experienced criminal defense attorney at Aldrich Legal Services. Our team of lawyers are familiar with the local system and can give you the help you deserve. 

Michigan Expungement Law Updates For 2021

There has been a new laws regarding expungements for the state of Michigan.  Gov. Gretchen Whitmer signed legislation that expands the criteria for expungements related to traffic offenses, marijuana convictions, and minor...

Wills and Trusts

Originally posted on: 02/14/2014 Aldrich Legal Service provides legal advice and representation for residents in Plymouth, Ann Arbor, and Southeast Michigan. We also review recent legal cases to examine what took place and what we can...

REAL ESTATE 68: Holding that plaintiffs-buyers’ allegations of fraud in this case arising from the sale of a residence did not preclude the trial court from granting defendants’ motion for summary disposition based on a release, the court affirmed.

This cause of action arises from plaintiffs’ purchase of a residence from defendant, who had rights in the house under a land contract from co-defendant, the legal owner of the house. Before the house was for sale, in January 2018, an upstairs...

REAL ESTATE 65: Determining that it could not conclude the trial court erred in its factual findings, and that it did not err in reforming a 2005 deed, the court affirmed the ruling that defendants were fee simple owners of the disputed 50-foot area

This case arose from a real-property dispute between brothers, as well as their respective wives. After a bench trial, the trial court rendered its findings of fact. The trial court determined that plaintiffs did not prove that excluding the...

FAMILY LAW 58: The trial court did not err by denying defendant-father’s motion to change custody and modify his parenting time of the parties’ child without having an evidentiary hearing to determine if there was proper cause or a change in circums

This case arose from a custody and parenting-time dispute between plaintiff-mother and father over their minor child. After father failed to respond to the paternity complaint within the 21 days of receipt of the complaint, mother filed an affidavit...

DIVORCE 53: Although the court affirmed the trial court’s decisions to deny defendant’s motions to set aside the default and the default JOD, it vacated the portions of the default JOD as to the distribution of marital property, custody, parenting t

Plaintiff filed for divorce. Defendant filed an answer and a counterclaim for divorce.  Plaintiff and defendant were both ordered to appear at the settlement conference. After defendant failed to appear, the trial court entered a default. Soon...

FAMILY LAW 53: The trial court erred by treating the parties’ GAL as an LGAL and denying the parties the right to question her at a hearing; however, the trial court did not err in requiring the parties to compensate the GAL for her services.

Plaintiff and Defendant were never married, but share a young son who was born in 2016. The parties have battled over custody, child support, and other parenting issues ever since. In the spring of 2019, the parties filed competing motions to modify...

The Difference Between Theft, Robbery, and Burglary

Original Post: 1/11/2019 Often, burglary, robbery, and theft are used interchangeably even though there are distinct differences between all of them. Though, what all three do have in common is they may involve the unlawful taking of...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000