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Originally Posted On: https://thebossattorney.com/resources/michigan-criminal-code/assault-or-assault-and-battery/assault-or-assault-and-battery/
THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.81 Assault or assault and battery; penalties; previous convictions; exception; §dating relationship§ defined. Sec. 81.
(1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (2) Except as provided in subsection (3), (4), or (5), an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (3) An individual who assaults or assaults and batters an individual who is pregnant and who knows the individual is pregnant is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (4) An individual who commits an assault or an assault and battery in violation of subsection (2) or (3), and who has previously been convicted of assaulting or assaulting and battering an individual described in either subsection (2) or subsection (3) under any of the following, 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: (a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section. (b) Section 81a, 82, 83, 84, or 86. (c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86. (5) An individual who commits an assault or an assault and battery in violation of subsection (2) or (3), and who has 2 or more previous convictions for assaulting or assaulting and battering an individual described in either subsection (2) or subsection (3) under any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both: (a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section. (b) Section 81a, 82, 83, 84, or 86. (c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86. (6) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312. (7) As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;– CL 1948, 75081 ;– Am. 1994, Act 64, Eff. July 1, 1994 ;– Am. 1999, Act 270, Eff. July 1, 2000 ;– Am. 2000, Act 462, Imd. Eff. Jan. 10, 2001 ;– Am. 2001, Act 189, Eff. Apr. 1, 2002 ;– Am. 2001, Act 190, Eff. Apr. 1, 2002 ;– Am. 2012, Act 366, Eff. Apr. 1, 2013 ;– Am. 2016, Act 87, Eff. July 25, 2016 Former Law: See section 29 of Ch. 153 of R.S. 1846, being CL 1857, § 5739; CL 1871, § 7538; How., § 9103; CL 1897, § 11498; CL 1915, § 15220; CL 1929, § 16736; Act 167 of 1879; and Act 54 of 1929.
Understanding Assault and Battery Laws: Section 750.81 of the Michigan Penal Code Simplified
Definition and Penalties
Section 750.81 of the Michigan Penal Code defines the offenses of assault and assault and battery, as well as the associated penalties, which vary depending on the specific circumstances:
- General Assault or Assault and Battery: If a person assaults or assaults and batters another individual and no other punishment is prescribed by law, they are guilty of a misdemeanor. This can be punished by imprisonment for up to 93 days, a fine of up to $500, or both.
- Assault or Assault and Battery on a Spouse, Ex-spouse, Dating Partner, Person with Whom They Share a Child, or Co-resident: A person who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or had a dating relationship, an individual with whom he or she has had a child, or a resident or former resident of his or her household, is guilty of a misdemeanor. The punishment is similar to the general rule: up to 93 days in jail, a fine of up to $500, or both.
- Assault or Assault and Battery on a Pregnant Individual: A person who assaults or assaults and batters a known pregnant individual is guilty of a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both.
- Repeat Offenders (One Prior Conviction): If an individual who commits assault or assault and battery on a person mentioned in point 2 or 3 above has been previously convicted of a similar offense, the punishment increases. They are guilty of a misdemeanor and can face up to 1 year in jail, a fine of up to $1,000, or both.
- Repeat Offenders (Two or More Prior Convictions): If an individual who commits assault or assault and battery on a person mentioned in point 2 or 3 above has two or more prior convictions for similar offenses, the punishment increases further. They are guilty of a felony and can face up to 5 years in prison, a fine of up to $5,000, or both.
Exceptions and Clarifications
This section does not apply to individuals using necessary and reasonable physical force in accordance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.
“Dating relationship” is defined for this section as frequent, intimate associations primarily characterized by the expectation of affectional involvement. This does not include casual relationships or ordinary interactions between two individuals in a business or social context.
The Importance of Understanding Section 750.81
Understanding this section of the penal code helps to promote respectful, non-violent interactions within relationships and households. It provides clear legal repercussions for assault and battery, particularly in the context of intimate and familial relationships, which will help to deter such behavior and ensure the safety of individuals.
