Assault and Battery Defense Lawyers
We fight to protect your freedom, reputation, and future against assault and battery charges anywhere in Michigan. From local district courts to major felony trials, our experienced defense team knows Michigan’s laws, prosecutors, and courts.
Practice Areas
Assault and Battery Charges Defense Lawyers in Livingston County
In Livingston County, where community ties run deep in places like Howell, Brighton, Hartland, Fowlerville, and Pinckney, a criminal allegation can shatter your sense of security. In these close-knit communities, a misunderstanding, a heated argument, or a momentary loss of control can escalate into assault and battery charges. Whether the incident occurred at home, a downtown bar, or a youth sporting event, a conviction carries severe and lasting consequences for your freedom, family, employment, and reputation.
When facing the power of the police and prosecution, having a dedicated local advocate is a necessity. The attorneys at Mamat Law understand the people, the courts, and the specific legal landscape of Livingston County. We are here to protect your rights and your future.
Understanding Assault Charges in Michigan Law
Before building a defense, it’s crucial to understand the specific charge you face. In Michigan, “assault” and “battery” are often used together, but they are technically distinct offenses with different elements the prosecutor must prove:
- Simple Assault (MCL 750.81): This charge can occur when an attempt to commit a battery is made or when an act places another person in reasonable fear of an immediate battery. No physical contact is required. For example, swinging a fist and missing or making a credible threat of immediate harm can be considered simple assault. This is a 93-day misdemeanor.
- Assault and Battery (MCL 750.81): This involves intentional, unwanted, or forceful touching of another person. It does not have to cause injury—examples include a push, a grab, or an unwanted poke. This is also a 93-day misdemeanor.
- Aggravated Assault (MCL 750.81a): This charge is applied when an assault and battery causes a serious or aggravated injury that requires immediate medical treatment, but without the use of a weapon. This is a more serious misdemeanor, punishable by up to one year in jail.
- Felonious Assault / Assault with a Dangerous Weapon (MCL 750.82): This felony charge involves committing an assault with a dangerous weapon or any object used in a way that could cause serious harm. Notably, this charge does not require any injury to have occurred.
Common Assault Allegations in Livingston County
Assault charges in Livingston County frequently stem from everyday situations that escalate unexpectedly. The most common scenarios we defend include:
- Domestic Disputes (Domestic Violence – MCL 750.81(2)): An argument between spouses, partners, or family members in Howell or Hartland can result in a 911 call. Once police are involved, an arrest is highly likely, even with minimal or no physical injury. Prosecutors often have “no-drop” policies, meaning they will pursue charges even if the accuser later wishes to reconcile.
- Altercations in Downtown Areas: In Brighton and Howell’s vibrant downtowns, especially near popular bars and restaurants, alcohol-fueled tempers can flare. A simple shove or verbal threat during a late-night argument can lead directly to an assault charge.
- Neighbor Disputes: Conflicts over property lines, noise, or pets are common in Livingston County’s suburban and rural areas. These incidents often involve conflicting stories and a long history of animosity, requiring careful investigation to uncover the truth.
- Incidents at Community Events: At local festivals, high school sports games, or community gatherings, heightened emotions can lead to disputes between parents, spectators, or participants that may quickly involve law enforcement and result in criminal charges.
Navigating the Livingston County Court System
When you are charged with assault in Livingston County, your case will proceed through a specific path, starting at the 53rd District Court, located on Grand River Avenue in Howell:
- Arraignment: This is your first court appearance, where the charges are formally read, and a bond is set. Having an attorney at this stage is critical to argue for a personal recognizance bond (release without paying money) or a low cash bond, as well as to enter a plea of “not guilty.”
- Pre-Trial Conference: This meeting between your attorney and the Livingston County Prosecutor discusses the case. It is the primary opportunity to negotiate a potential dismissal, plea bargain to a lesser charge, or other favorable resolution.
- Preliminary Examination (Felony Cases Only): If you are charged with a felony like Felonious Assault, this hearing is held at the 53rd District Court. The prosecution must present enough evidence to show probable cause that a crime was committed and that you committed it. A skilled defense attorney can challenge the evidence here and potentially get the case dismissed or reduced.
- Trial or Plea: Misdemeanor cases are tried at the 53rd District Court. If a felony case is not resolved, it is “bound over” for trial at the 44th Circuit Court, also in Howell.
Our firm’s established professional relationships with the Livingston County Prosecutor’s Office are built on a reputation for diligent preparation and zealous advocacy. This allows us to negotiate effectively while preparing every case for trial, ensuring our clients’ rights are protected at every turn.
Building a Winning Defense in Howell and Brighton
A successful defense begins with an immediate and thorough investigation. Mamat Law develops a customized, fact-driven strategy for every client. Common and effective defenses include:
- Asserting Self-Defense: Michigan law allows you to use reasonable force to protect yourself or others from an imminent threat of harm. If you are in a place you have a legal right to be, you have no duty to retreat before using non-deadly force. We gather all evidence texts, videos, witness statements to prove your actions were legally justified.
- Challenging the Accuser’s Credibility and Motive: Allegations are not proof. We meticulously investigate the accuser’s story for inconsistencies, contradictions, and potential ulterior motives, such as gaining leverage in a divorce or child custody case, personal revenge, or a history of false allegations.
- Dissecting a “He Said, She Said” Case: In many domestic assault cases, there are no independent witnesses. The prosecution’s case may rest entirely on the word of one person. We focus on exposing the lack of corroborating evidence and highlighting any facts that cast reasonable doubt on the accuser’s account.
Lack of Intent: A battery requires intent. An accidental bump in a crowd or an unintentional contact is not a crime. We analyze the context of the incident to demonstrate that you did not have the criminal intent required for a conviction.
Protecting Your Future: HYTA and Diversionary Programs
For many clients, the primary goal is to avoid a permanent criminal conviction. We are highly experienced in securing sentencing options that keep our clients’ records clean:
- Holmes Youthful Trainee Act (HYTA) (MCL 762.11): This is a life-changing option for eligible individuals who committed an offense between the ages of 18 and 25 (Judges have discretion to grant HYTA for offenses committed at age 17). If granted HYTA status, upon successful completion of probation, the case is dismissed without a public conviction. This is a “once in a lifetime” opportunity that preserves a young person’s future in Howell, Brighton, and beyond.
- Domestic Violence Deferral (MCL 769.4a): For first-time domestic assault offenders, we can often negotiate a deferral. Under this statute, you plead guilty, but the judge delays sentencing and places you on probation. Upon successful completion, the **charge is dismissed**, and no public conviction enters your record.
- Delayed Sentencing (MCL 771.1): In other cases, we can argue for a delayed sentence, which gives you a chance to prove yourself on probation. If you comply with all conditions, the judge may agree to reduce the original charge (e.g., from assault to disorderly conduct) or impose a more lenient sentence.
Schedule a Confidential Consultation in Livingston County
If you or a loved one is facing assault or battery charges, the time to act is now. Evidence can be lost, witness memories can fade, and the prosecution is already building its case against you.
Contact Mamat Law today for a private, confidential consultation. We will review the initial police report, explain the specific charges and potential penalties you face, and outline the immediate first steps in building your defense. Our deep familiarity with the 53rd District and 44th Circuit Courts, the local prosecutors, and law enforcement practices gives you the home-field advantage you need. Whether you’re in Howell, Brighton, Hartland, or anywhere in Livingston County, we are ready to stand and fight for you.