Assault Charges Without Physical Contact

detrickc22 · #1 10-01-2007, 08:31 PM

Can you be procecuted in the state of michigan for assault/battery if theres no physical contact?

aaron · #2 10-01-2007, 08:52 PM

It depends upon the full context. For example,

Quoting MCL 750.89 - Assault with intent to rob and steal being armed

Any person, being armed with a dangerous weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony, punishable by imprisonment in the state prison for life, or for any term of years.

That statute does not require contact in order for the defendant to be convicted.

aardvarc · #3 10-22-2007, 10:22 PM

Think of it like this: assault is the threat that you're going to do something, the battery is the actual "doing" or touching part. If I grab a bat and say "I'm going to hit you" that's aggrevated assault. When I bash you with it, that's aggrevated battery (due to the bat and it's propencity to cause great bodily harm).