MCL § 750.81 – Assault and battery (misdemeanor)
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Code Details
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Exact Statute Text
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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. If the victim of a violation under this subsection is a health professional or medical volunteer and the violation occurs while the victim is performing the victim’s duties as a health professional or medical volunteer, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both. The enhanced fine under this subsection does not apply if the defendant is a patient who is receiving treatment from the victim.
(2) Except as provided in subsection (3), (4), or (5), an individual who assaults or assaults and batters the individual’s spouse or former spouse, an individual with whom the individual has or has had a dating relationship, an individual with whom the individual has had a child in common, or a resident or former resident of the individual’s 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) The operator of a health facility or agency or a hospital or psychiatric hospital shall post a sign in the health facility or agency or hospital or psychiatric hospital in a prominent and visible location that provides that a person, other than a patient receiving treatment, who assaults a health professional or medical volunteer in violation of this section is subject to the enhanced fine provided for in this section and that a patient receiving treatment who assaults a health professional or medical volunteer may still be subject to prosecution under this section.
(8) As used in this section:
(a) “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.
(b) “Health facility or agency” means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(c) “Health professional” means an individual who is employed or granted privileges by or under contract with a hospital or psychiatric hospital, health facility or agency, health system, or health care provider, whether operated by a governmental unit or a private entity, and whose duties within the scope of that employment, privilege, or contract involve the provision of direct patient care and require licensure, registration, certification, or other regulation or authorization under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, or who is providing indirect patient care under the direction of a hospital or psychiatric hospital, health facility or agency, health system, or health care provider.
(d) “Hospital or psychiatric hospital” means a hospital or psychiatric hospital licensed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(e) “Medical volunteer” means an individual who is volunteering at a hospital or psychiatric hospital, health facility or agency, in a health system, or with a health care provider, whether operated by a governmental unit or a private entity, and whose duties as a volunteer involve the provision of direct patient care, or who is providing indirect patient care under the direction of a hospital or psychiatric hospital, health facility or agency, health system, or health care provider.
MCL § 750.81 Summary
This Michigan statute outlines the various forms of misdemeanor assault and battery, as well as situations where the penalties can be significantly enhanced, even to a felony. At its core, it defines misdemeanor assault or assault and battery as an offense punishable by up to 93 days in jail or a $500 fine, or both, if no other specific punishment is prescribed by law.
The statute then details several categories with specific considerations:
- General Assault: The basic form of the offense (subsection 1).
- Assault on Health Professionals/Medical Volunteers: If the victim is a health professional or medical volunteer performing their duties, the fine can increase to $1,000. However, this enhanced fine does not apply if the defendant is a patient receiving treatment from the victim. Healthcare facilities are required to post notices about these enhanced penalties.
- Domestic Violence: Assault or battery against a spouse, former spouse, dating partner, individual with a child in common, or household resident/former resident (subsection 2).
- Assault on Pregnant Individuals: Assault or battery against a pregnant individual, if the perpetrator knows of the pregnancy (subsection 3).
- Enhanced Penalties for Repeat Offenders:
* First Prior Conviction (Domestic or Pregnant Victim): If an individual has one prior conviction for assaulting a domestic violence victim or a pregnant individual (under this section or related statutes/ordinances), the new offense becomes a misdemeanor punishable by up to 1 year in jail or a $1,000 fine, or both (subsection 4).
* Two or More Prior Convictions (Domestic or Pregnant Victim): If an individual has two or more prior convictions for assaulting a domestic violence victim or a pregnant individual, the new offense becomes a felony, punishable by up to 5 years in prison or a $5,000 fine, or both (subsection 5).
- Exceptions: The statute explicitly states it does not apply to individuals using necessary reasonable physical force as allowed by the revised school code (MCL 380.1312).
- Definitions: The statute also provides clear definitions for terms like “dating relationship,” “health facility or agency,” “health professional,” “hospital or psychiatric hospital,” and “medical volunteer” to clarify the scope of its enhanced penalty provisions.
Purpose of MCL § 750.81
The legislative intent behind this statute is multifaceted, aiming to maintain public safety, deter acts of violence, and provide specific protections for vulnerable individuals and essential service providers. It codifies the common law offense of assault and battery, setting forth clear criminal penalties for such actions in Michigan.
A key purpose is to deter individuals from engaging in physical violence against others. By classifying basic assault and battery as a misdemeanor with potential jail time and fines, the law seeks to discourage aggressive behavior and protect citizens from harm. Furthermore, the statute specifically addresses and escalates penalties for certain categories of victims, demonstrating a legislative commitment to protecting those deemed particularly vulnerable. This includes individuals in domestic relationships (spouses, dating partners, etc.) and pregnant individuals, recognizing the increased harm and societal concern associated with violence in these contexts.
The enhanced penalties for assaulting health professionals and medical volunteers underscore the state’s interest in safeguarding individuals who provide critical healthcare services. This provision aims to ensure that these professionals can perform their duties without fear of violence, recognizing their vital role in public welfare. Finally, the escalating penalties for repeat offenders, culminating in a felony charge, serve to address recidivism and hold individuals accountable for patterns of violent behavior, especially in domestic or sensitive contexts.
Real-World Example of MCL § 750.81
Consider a situation where Alex and Ben are at a local bar. They get into a heated argument over a sports game, and the argument escalates. In a fit of rage, Alex shoves Ben, causing Ben to stumble backward and hit his head on a table, resulting in a minor cut and a bruise. Ben calls the police, and Alex is arrested.
In this scenario, Alex would likely be charged under MCL § 750.81(1) for assault and battery. There’s no indication of a domestic relationship, Ben isn’t pregnant, and he’s not a health professional in this context. Therefore, Alex is facing a misdemeanor charge, punishable by up to 93 days in jail or a fine of up to $500, or both.
Now, let’s consider a variation: If Alex and Ben were former spouses, and Alex pushed Ben during an argument, the charge would fall under MCL § 750.81(2) (domestic violence assault and battery). The penalties for a first offense under this subsection are the same as subsection (1). However, if Alex had a prior conviction for assaulting a former spouse, the current offense would be elevated to a misdemeanor punishable by up to 1 year in jail or a $1,000 fine under MCL § 750.81(4). If Alex had two or more such prior convictions, the current offense would become a felony under MCL § 750.81(5), carrying a much more severe punishment.
Related Statutes
Several other Michigan statutes are directly related to or referenced alongside MCL § 750.81, particularly concerning different degrees or types of assault. These statutes often define more severe forms of assault based on intent, the level of injury caused, or the weapon used, escalating from misdemeanor to felony charges:
- MCL § 750.81a – Aggravated assault: This statute addresses misdemeanor assault or battery that causes a serious or aggravated injury without intending to commit murder or inflict great bodily harm. While still a misdemeanor, it carries a higher penalty than a simple assault.
- MCL § 750.82 – Assault with intent to do great bodily harm less than murder: This is a felony offense for an assault committed with the specific intent to cause serious injury, but not to kill.
- MCL § 750.83 – Assault with intent to commit murder: This is a severe felony, addressing assaults committed with the specific intent to take a person’s life.
- MCL § 750.84 – Felonious assault: This felony statute covers assaults committed with a dangerous weapon but without the intent to commit murder or inflict great bodily harm less than murder. This often applies to assaults involving weapons like knives, guns, or blunt objects.
- MCL § 750.86 – Assault with intent to maim: This felony concerns assaults committed with the specific intent to permanently disfigure, disable, or deprive another person of a limb or body member.
MCL § 750.81 specifically refers to these felony assault statutes in subsections (4) and (5) to define prior convictions that can elevate a domestic violence or pregnant victim assault from a misdemeanor to a more serious misdemeanor or even a felony. This shows how convictions under any of these related statutes can contribute to enhanced penalties for subsequent offenses under MCL § 750.81. Additionally, the statute references sections of the revised school code (MCL 380.1312), the public health code (MCL 333.20101 to 333.22260, and MCL 333.1101 to 333.25211), and the mental health code (MCL 330.1001 to 330.2106) for definitions and exceptions related to health professionals, medical volunteers, and the use of force in schools.
Case Law Interpreting MCL § 750.81
Michigan courts have frequently interpreted the elements of assault and battery under this statute. A foundational case often cited for clarifying these concepts is *People v. Starks*, 473 Mich. 227, 701 N.W.2d 136 (2005). In this case, the Michigan Supreme Court affirmed the long-standing two-part definition of criminal assault in Michigan:
1. An attempted battery: An attempt to commit a battery, with the present ability to do so.
2. An unlawful act placing another in reasonable apprehension of immediate battery: An unlawful act that places another person in reasonable apprehension of receiving an immediate battery.
The Court in *Starks* also reiterated that a “battery” is an unauthorized, forceful, or violent touching of the person of another, however slight. This case is crucial for understanding the distinction and overlap between assault (the threat or attempt) and battery (the actual physical contact) as they relate to charges under MCL § 750.81.
For further reference, you can find search results related to *People v. Starks* and its interpretation of assault and battery in Michigan on Google Scholar: People v. Starks MCL 750.81
Why MCL § 750.81 Matters in Personal Injury Litigation
While MCL § 750.81 defines criminal assault and battery, its implications extend significantly into personal injury litigation, which deals with civil liability for harm caused to others. When an individual is a victim of an assault or battery, they often have two distinct avenues for legal recourse: criminal prosecution (under statutes like MCL § 750.81) and a civil lawsuit for personal injury.
In personal injury litigation, a victim of assault and battery can pursue a civil claim against the perpetrator for the intentional tort of battery (and sometimes assault). The elements of civil battery are generally an intentional harmful or offensive contact with another person. A criminal conviction under MCL § 750.81 can be highly relevant to a civil personal injury case in several ways:
1. Evidence of Intent: A criminal conviction for assault and battery often serves as strong evidence of the perpetrator’s intent to commit the wrongful act in a subsequent civil case. While the burden of proof is higher in criminal cases (beyond a reasonable doubt), a conviction can be used by the plaintiff’s attorney to establish the defendant’s intent to cause harm or offensive contact, which is a key element of civil battery.
2. Establishing Liability: In some instances, a criminal conviction can even lead to a form of “issue preclusion” or “collateral estoppel,” meaning that certain facts established in the criminal case (like the commission of the assault) may not need to be re-litigated in the civil case, simplifying the plaintiff’s path to proving liability.
3. Damages: Victims in civil personal injury cases can seek comprehensive damages that are not available in criminal proceedings, including:
* Medical expenses: Costs for emergency care, doctor visits, therapy, and rehabilitation.
* Lost wages: Income lost due to inability to work after the assault.
* Pain and suffering: Compensation for physical pain, emotional distress, psychological trauma, and diminished quality of life.
* Emotional distress: Specific damages for anxiety, PTSD, fear, and other mental health impacts.
* Punitive damages: In egregious cases, civil courts may award punitive damages to punish the defendant and deter similar conduct, though this is less common in Michigan than in some other states.
4. Lower Burden of Proof: Even if a criminal prosecution under MCL § 750.81 does not result in a conviction (e.g., due to insufficient evidence for “beyond a reasonable doubt”), the victim can still successfully pursue a civil personal injury claim. This is because the burden of proof in civil cases (“preponderance of the evidence,” meaning more likely than not) is significantly lower than in criminal cases.
5. Strategy for Plaintiffs: For personal injury attorneys representing victims, understanding MCL § 750.81 helps in identifying potential criminal charges, assessing the strength of a civil claim, and advising clients on their dual legal options. It can also inform settlement negotiations, as a criminal record or ongoing criminal case might pressure a defendant to settle a civil claim.
Ultimately, MCL § 750.81 provides the criminal framework for addressing assault and battery, but it lays the groundwork for victims to seek justice and compensation for their injuries through the civil justice system, highlighting the interconnectedness of criminal and civil law in protecting individuals from intentional harm.