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Arrest For Assault In Michigan

Q: Is pushing someone assault in Michigan?

The question is, Is pushing someone assault? A push does not constitute assault in Michigan unless there is a criminal intent to cause fear or harm. Hence, if you cannot prove that the pushing was intentional, assault charges may be difficult to pursue.

Category:

Civil Actions - False Imprisonment

State:

Multi-State

Control #:

US-000280

Format:

Instant download

Description

The document is a complaint form designed for individuals involved in a legal case related to arrest for assault in Michigan. This form allows the plaintiff to present their case against a defendant who has allegedly caused wrongful arrest, malicious prosecution, and emotional distress. Key features include spaces for entering details about the plaintiff and defendant, a timeline of events leading to the arrest, and claims for compensatory and punitive damages. Filling out the form involves clearly stating the grievances and ensuring that all incidents, including prior affidavits and their outcomes, are documented. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to effectively initiate legal proceedings, articulate the plaintiff's claims, and seek justice for wrongful actions. It serves as a practical tool to emphasize the emotional, financial, and reputational damages suffered by the plaintiff, thus reinforcing the importance of seeking legal recourse in cases of false allegations in Michigan.

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FAQ

In the State of Michigan, Assault and Battery are two different and separate crimes. As defined by Michigan Law, assault is an attempt or threat to cause actual physical harm or injury to another person. An assault becomes battery, when unconsented contact is made with another person.

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.

The question is, “Is pushing someone assault?” A push does not constitute assault in Michigan unless there is a criminal intent to cause fear or harm. Hence, if you cannot prove that the pushing was intentional, assault charges may be difficult to pursue.

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.

Simple assault cases are heard in the district courts of Michigan, which are the lower level courts. The penalties are up to 93 days in jail and up to two years of probation.

Michigan law starts with a presumption against jail time for most misdemeanor crimes. Instead, the law directs the judge to impose non-jail sentencing options, such as fines, community service, house arrest, probation, or participation in a treatment court.