Assault and Battery Charge: Can I Be Charged as a Habitual Offender?

Assault and Battery Lawyer in Michigan Answers Your Questions.

If you're facing an Assault and Battery charge in Michigan and have also been in trouble with the law before, you may be wondering if you can be charged as an Habitual Offender. As a Michigan Assault and Battery lawyer, I get this question frequently. "Habitual Offender" is a term that gets used loosely in the Court system, but it has a very specific application.

To say that you are being charged as an Habitual Offender in Michigan is to say that you can be sentenced to far more than the usual maximum penalty under law. However, Assault and Assault and Battery in Michigan (MCL 750.81) is a misdemeanor punishable by up to 93 days in Jail, and Habitual Offender status only applies to felony Assault charges. This is also true for Aggravated Assault charges in Michigan (MCL 750.81a). Aggravated Assault is also a misdemeanor, but it is punishable by up to 1 year in Jail.

If you are facing a simple misdemeanor charge in Michigan, the prosecution cannot charge you as a Habitual Offender. However, if you have been convicted of any crimes in the past, the Judge can and may use that in giving you a harsher sentence. The sentencing authority always belongs to the Judge, and the conviction can land you in Jail for up to 93 days (or 1 year).

As a Michigan Assault and Battery attorney, I know that the best option for you is not to have any sentence at all! To find out if that is possible in your case, call Prain Law, PLLC anytime at (248) 731-4543 to set up a free, in-depth consultation. Or, you may prefer to e-mail us through our Custom Contact Form. The longer you wait, the more your chances diminish!


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Prain Law, PLLC is focused only on the types charges featured on our website. This helps us deliver the decisive, effective advocacy for which our clients know us. We only serve individuals currently under investigation or who have a current case pending in court. Our firm does not represent injury victims, defendants who have already taken a plea or have been sentenced, or those seeking to expunge a criminal record. We do not respond to anyone who is not involved in a pending investigation or who has a court case for a type of charge we do not handle, but we wish you the very best of luck.