Michigan Assault and Battery - What If I've Been Here Before? Will
I Be Charged As a Habitual Offender?
When facing Michigan Assault and Battery charges, when it is not your first offense, the question is often posed. "Can I be charged as an Habitual Offender"? While the term Habitual Offender is used loosely in the court system, it has a very specific application.
If you are charged with a simple misdemeanor charge in the state of Michigan, the Prosecution is unable to charge you as a Habitual Offender. However, in the event that you have been previously convicted of a Michigan Assault and Battery crime, the Judge does have the authority to assign a harsher sentence as a result. A conviction could include jail up to 93 days.
Similarly, as with a Michigan Assault and Battery charge, when facing a misdemeanor Aggravated Assault charge, the answer is consistent with Assault and Battery. You cannot be charged as a Habitual Offender. However, you may expect that with each additional charge you will be facing harsher judgment and penalties if convicted. Aggravated Assault is punishable by up to 1 year in jail.
A Habitual Offender charge is only applicable to a Felony Assault Charge in the state of Michigan. If charged as a Habitual Offender, you are subject to dramatically stricter sentencing than the usual maximum penalty under law.
That said, it is important that your rights are preserved and that you have the best possible defense available. Only a qualified Michigan Assault and Battery Defense Attorney can ensure the best possible outcome for your case - which would, of course, be no sentence at all!
Brian J. Prain is an aggressive, hardworking, no-holds-barred Michigan Criminal Defense Attorney, fighting every day for the people who have been accused of wrongdoing. Call Prain Law, PLLC now, for a free consultation, (248) 731-4543, or by filling out the form.