In this blog, we will be going over questions and answers relating to assault and battery. Assault without a dangerous weapon is a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both. Keep reading to learn more about assault in Michigan.
Assault and Battery Q & A
What is assault?
Assault is an act that would cause a reasonable person to believe that you are about to cause harm or other offensive contact with their person. Exaggerated fears or the belief that harm might come in the far future is not enough. It must be imminent and it must be reasonable. Mean words alone are not assault. However, a conditional threat, like “your wallet or your life” might count as assault. It does not matter if the defendant is not actually capable of carrying out the threat, as long as the victim reasonably believes that they are capable. The defendant must have intended to put the victim in “apprehension” of harm in order to be liable for assault.
What is battery?
Battery is an intentional act which creates harmful or offensive contact with anothe r person. “Harmful” means anything which causes pain, injury or disfigurement. However, “offensive” could be as tame as spitting someone and it would still qualify as battery. Just as long as a reasonable person would consider it offensive.
When can someone be liable for intentionally inflicting injuries on another person?
In order to be liable for intentionally inflicted injuries, three requirements must be met. First, the act itself must have been a voluntary movement (no reflexive actions). Second, that person must have had the proper intent or mental state. Typically, intentional injury cases require that the defendant either intended to cause the harm or was almost certain that injury would result from their actions. The third requirement is that the act of the defendant must be the primary cause of the injury being sued for. Even if there were other causes involved, as long as the actions of the defendant were the most important contribution, they can be held liable for the injuries inflicted.
Conclusion
Michigan (like most states), observes the doctrine of transferred intent. That means that when the defendant has the right mental state for an intentional tort, but causes an injury to someone other than their intended target, they can still be held liable as if they had injured their intended target.
If you have any questions about your rights in Michigan give Goldman and Associates a call today. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Legal Defense in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan.
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