Assault and Battery Defense Lawyers St. Clair County
Practice Areas
Assault and Battery Charges Defense Lawyers in St. Clair County
Facing an assault or battery charge in St. Clair County can have immediate and lasting consequences, especially in close-knit communities like Port Huron, Marysville, and the surrounding townships. In a place where personal reputation and local ties are paramount, a criminal accusation can become public knowledge overnight, jeopardizing your relationships, your employment, and your standing in the community.
At Mamat Law, our defense attorneys understand that you need more than just a lawyer; you need a local advocate. We know the 72nd District and 31st Circuit courts, the St. Clair County Prosecutor’s Office, and the community values that shape them. We approach every case with the discretion, sophisticated legal knowledge, and unwavering commitment required to defend your future right here at home.
Understanding Assault vs. Battery Under Michigan Law
While often used together, “assault” and “battery” are distinct offenses in Michigan. Understanding the difference is the first step in building a strong defense.
Assault (MCL 750.81): An assault is an attempt to commit a battery or an act that causes a victim to reasonably fear an immediate battery. No physical contact is required. For example, swinging a fist at someone and missing can still be considered assault.
Battery (MCL 750.81): A battery is the actual, forceful, violent, or offensive touching of another person against their will.
In St. Clair County, these charges frequently arise from situations that escalate quickly:
- A verbal dispute at a bar in downtown Port Huron that turns physical.
- A domestic argument that gets out of hand, leading a neighbor or family member to call the police.
- A confrontation between neighbors over property, pets, or noise that results in a threat or shove.
- Altercations during high-traffic local events like the Port Huron to Mackinac Boat Race week or the Blue Water Fest, where alcohol and large crowds can fuel tensions.
Many people are surprised to find themselves arrested after a conflict they thought would resolve itself. But even a minor incident can lead to serious criminal charges. Mamat Law is prepared to intervene immediately, protecting your rights from the moment an investigation begins.
Types of Assault Charges and Potential Penalties in Michigan
The prosecution has several types of assault charges it can pursue, each with different penalties. The specific charge often depends on whether an injury occurred, if a weapon was used, and the identity of the alleged victim.
- Simple Assault and Battery (MCL 750.81): A misdemeanor punishable by up to 93 days in jail and/or a $500 fine.
- Aggravated Assault (MCL 750.81a): A misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine. This is charged when an assault results in a “serious or aggravated injury” that requires immediate medical attention, but is not life-threatening.
- Felonious Assault / Assault with a Dangerous Weapon (MCL 750.82): A felony punishable by up to 4 years in prison. A “dangerous weapon” can be a gun or knife, but also any object used in a way that could cause serious harm, such as a beer bottle, a lamp, or a shod foot.
- Assault by Strangulation or Suffocation (MCL 750.84): A serious felony punishable by up to 10 years in prison. This charge does not require visible injury and is often based solely on the accuser’s statement.
- Domestic Violence (MCL 750.81(2)): An assault against a spouse, former spouse, dating partner, or resident of the same household. While a first offense is a 93-day misdemeanor, a second offense becomes a 1-year misdemeanor, and a third offense is a felony punishable by up to 5 years in prison.
Navigating the St. Clair County Court System
If you are charged with assault or battery in St. Clair County, your case will begin in the **72nd District Court**, which has locations in Port Huron and Marine City. This court handles the entire process for misdemeanors and the initial stages for felonies:
- Arraignment: Your first appearance, where the charges are read, a plea of “not guilty” is entered, and the critical issue of bond is decided.
- Pre-Trial Conference: A meeting with the prosecutor to discuss the case, review evidence, and negotiate a potential resolution.
- Preliminary Examination (Felonies Only): A hearing where the prosecutor must present evidence to a judge to establish probable cause that a crime was committed and that you committed it.
If a felony case is not resolved at the district court level, it is “bound over” to the 31st Circuit Court in Port Huron for all further proceedings, including motions, final plea negotiations, and trial.
The St. Clair County Prosecutor’s Office is known for taking violent crime allegations seriously. The attorneys at Mamat Law have years of experience negotiating with these specific prosecutors and appearing before the local judges. This firsthand knowledge of their tendencies and expectations is a critical advantage when fighting for a charge reduction, dismissal, or a favorable sentence.
Our Strategic Defense for St. Clair County Residents
Mamat Law builds every defense on a foundation of facts, evidence, and a deep understanding of Michigan law. We don’t rely on assumptions; we build a case designed to win.
- Conducting a Thorough Factual Investigation: In smaller communities, rumors can overshadow reality. We immediately work to preserve evidence, including security camera footage, text messages, and social media records. We interview credible witnesses and uncover inconsistencies in the police report and the accuser’s story.
- Asserting Self-Defense: Michigan law allows you to use reasonable force to defend yourself or others from what you honestly and reasonably believe to be the imminent use of unlawful force. We meticulously reconstruct the events to demonstrate that your actions were a justified response to a threat, not an act of aggression.
- Challenging Intent: Assault is a specific intent crime. The prosecutor must prove beyond a reasonable doubt that you intended to injure or threaten the alleged victim. We can challenge this element by presenting evidence that your actions were accidental, misunderstood, or lacked criminal intent.
Fighting Overcharging: Prosecutors often file the most serious charge possible, like Felonious Assault, when the facts may only support a simple misdemeanor. Our team aggressively challenges inflated charges by filing motions and negotiating with the prosecutor to secure a reduction that accurately reflects what happened, thereby minimizing your potential penalties.
Seeking a Second Chance: HYTA, Deferrals, and Other Options
A trial is not always the best path forward. For many clients, especially first-time offenders, our primary goal is to protect their criminal record.
- Holmes Youthful Trainee Act (HYTA) (MCL 762.11): If you are between the ages of 18 and 26 at the time of the offense, you may be eligible for HYTA status. Under this program, you plead guilty, but the court does not enter a judgment of conviction. Upon successful completion of probation, the entire case is dismissed without a public conviction, preserving your clean record. Note: Judges have discretion to grant HYTA for certain offenses committed at age 17.
- Domestic Violence Deferral (MCL 769.4a): For first-time domestic violence offenders, this statute allows for a similar outcome to HYTA. After a period of probation, often including counseling or anger management, the charge is dismissed, avoiding a permanent domestic violence conviction that has lifelong consequences for firearm rights and reputation.
- Negotiated Resolutions: For other clients, we can often negotiate for reduced charges or sentences that involve counseling, community service, or probation in lieu of jail time. Our familiarity with the St. Clair County judges and prosecutors is key to identifying which alternatives are most viable in your specific case.
Talk to a St. Clair County Assault Defense Lawyer Today
If you or a loved one is under investigation or has been charged with assault or battery in St. Clair County, do not wait. The prosecution is already building its case against you. Protecting your rights, reputation, and freedom starts now.
Mamat Law offers experienced, discreet, and dedicated defense for the residents of Port Huron, Marysville, Marine City, and all surrounding communities. We provide the local insight and proven defense strategies you need to navigate this challenge.
Call Mamat Law today for a confidential, no-obligation consultation. Speak directly with a defense lawyer who understands what’s at stake and can give you the clear answers you need to move forward.