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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 09-22-2007, 09:52 AM
wasils wasils is offline
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Default Assault and Battery Causing Bodily Harm
I've been charged with Assault & Battery by the State of Michigan. Charges were not filed by the victim, they were dismissed by the victim, but picked up by the State deemed by his statement evident enough for prosecution. I never presented my statement, not at the incident or at any time, so they don't have my side of the story. I've been avoiding processing and arraignment for about 3 or 4 months now because I am currently in school and working to save up money to pay off any costs and fees that will be assesed. I also cannot afford to drop school at the moment and face the case. I am not sure if it is "aggravated" assault & battery because I don't have the warrant at hand but there was bodily harm caused to the victim (missing teeth) so I am assuming so.

I am just curious to know what i'm looking at here. I have no priors and this is a first offense. The victim was the aggressor of the incident, I engaged the assault. I threw a punch unintentionally knocking a few teeth out. I don't know how to reasearch the michigan legislature for aggravated assault & battery charges, but I do believe I read an sectioned article on assault & battery that carry's a maximum of 93days in jail and or a fine of $500. Is it any different for an "aggrevated" assault and battery? What could the charges be? Is there any chance the victim contacts the prosector will dismiss the case? Any info provided would be great. And if you need any details please ask.

Last edited by wasils; 09-22-2007 at 10:04 AM.
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Old 09-24-2007, 09:25 AM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Assault and Battery Causing Bodily Harm
If the prosecutor has decided to pursue charges against the wishes of the victim, the prosecutor is unlikely to be swayed by being reminded that the victim wants the charge dropped.

An aggravate battery charge, or assault with intent to cause great bodily harm charge, would be more serious than simple battery. Read the statutes here.
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Old 09-25-2007, 10:19 AM
wasils wasils is offline
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Default Re: Assault and Battery Causing Bodily Harm
so i think my case is the "Assault; infliction of serious or aggravated injury; “dating relationship” defined." (1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. Because I did not intend to knock his teeth out. However, since I hit him, they may dispute the intention. Do you think they will? and charge me to the fullest extent of the law? This is not a "dating relationship"
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Old 09-27-2007, 09:23 PM
wasils wasils is offline
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Default Re: Assault and Battery Causing Bodily Harm
or am I taking things to literally
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Old 09-28-2007, 06:48 AM
aaron aaron is offline
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Default Re: Assault and Battery Causing Bodily Harm
Intent can be inferred from your action. Dating relationships are not relevant to subsection 1.
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