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As a Michigan criminal defense attorney, I often meet clients who are shocked to find themselves facing charges for assault and battery under MCL 750.81. While many people picture assault as a serious, violent crime, the truth is that these charges can stem from relatively minor situations — a heated argument, a shove during a dispute, or even unwanted physical contact.
If the alleged victim is a spouse, partner, or family member, the charge may be classified as domestic violence, which can carry added consequences but also opens the door to a unique opportunity for first-time offenders under MCL 769.4a.
What Does MCL 750.81 Cover?
Under MCL 750.81, a person who commits an assault or an assault and battery can be charged with a misdemeanor punishable by:
- Up to 93 days in jail
- Fines of up to $500
- Or both jail and fines
If the defendant has prior assault convictions, penalties increase significantly — up to one year in jail and/or a $1,000 fine for repeat offenses.
Assault vs. Battery
Michigan law distinguishes between assault and battery:
- Assault: An attempt or threat to cause physical harm to another person, even without physical contact.
- Battery: The actual offensive touching or physical contact, no matter how minor, without consent.
This means someone may be charged even if no visible injuries occurred.
Assault and Battery as Domestic Violence
When the alleged victim is a spouse, dating partner, former partner, family member, or someone living in the same household, the case is usually charged as domestic violence under MCL 750.81(2).
Domestic violence convictions carry not only criminal penalties but also lasting consequences, such as:
- Difficulty obtaining or keeping employment
- Loss of firearm rights under federal law
- Strained family court matters (custody, divorce, visitation)
The Benefit of MCL 769.4a: A Second Chance
For certain first-time domestic violence offenders, Michigan law provides a valuable opportunity under MCL 769.4a. If you qualify and the court approves, you may enter a plea but have the case deferred.
Key Benefits of 769.4a:
- No conviction goes on your public criminal record if you successfully complete probation.
- You may be required to attend counseling, anger management, or similar programs, but upon completion, the charge is dismissed.
- You avoid the long-term stigma and collateral consequences of a domestic violence conviction.
It’s important to know that 769.4a is only available once in a lifetime and requires both the judge’s approval and the prosecutor’s (and sometimes the complaining witness’s) consent.
Common Defenses to Assault and Domestic Violence
Every case is unique, but possible defenses may include:
- Self-defense or defense of others
- Lack of intent to cause harm
- False allegations made out of anger, jealousy, or during custody disputes
- Mutual confrontation or consent
An experienced defense attorney can review the facts, challenge the prosecution’s evidence, and help negotiate outcomes that protect your future.
Why You Shouldn’t Face These Charges Alone
Even though MCL 750.81 may seem like a “simple” misdemeanor, the reality is that an assault or domestic violence conviction can have lifelong consequences. Having an experienced criminal defense attorney on your side can make the difference between a permanent record and a fresh start.
If you are facing assault and battery charges in Michigan or have been accused of domestic violence, don’t wait. The sooner you act, the more options you may have — including possible dismissal through MCL 769.4a.
Facing assault or domestic violence charges under MCL 750.81? Contact our office today for a confidential consultation. We’ll explain your options, fight to protect your record, and help you move forward.