Yes, even if the victim of your assault or violent crime does not want to pursue charges, prosecution may still occur in Michigan. The decision to file charges rests with the prosecutor, not the victim. While prosecutors will consider the victim’s input, they ultimately hold the authority to make the final decision, often disregarding the victim’s wishes.

This is particularly common in domestic violence situations, where victims may call the police one day and then request that charges be dropped the next. As prosecutors observe this cycle repeatedly, they may become desensitized, making victims’ requests for leniency less impactful.

However, an unwilling victim can complicate the prosecution of the case. The victim might refuse to testify in court or provide inconsistent statements compared to what they relayed to law enforcement. Generally, prior statements made by the victim to police are classified as hearsay and cannot be used substantively to support the charge.

Thus, while an indecisive victim won’t prevent you from being charged, it may ultimately lead to the dismissal of the case against you.

Yes, you may be able to assert self-defense in your assault or violent crime case in Michigan, provided the facts support your claim. Generally, you can utilize force to protect yourself from an imminent unlawful threat posed by another individual. You must genuinely and reasonably believe that your use of force is necessary for your defense, and you should only employ an amount of force that is proportional to the threat you face.

Moreover, Michigan’s “stand your ground” law eliminates the obligation to retreat in most situations. This means you are not required to attempt to escape from the aggressor before using force; you can stand your ground and respond to the threat directly.

Assault

Assault is defined as an attempt to cause physical harm to another person or the act of putting someone in reasonable fear of imminent harm. It does not require actual physical contact; the intent to cause harm or the threat of harm can suffice for an assault charge. In Michigan, assault is generally classified as a misdemeanor, but it can escalate to more severe charges depending on the circumstances.

Battery

Battery refers to the actual physical contact or use of force against another person without their consent. This can involve hitting, pushing, or any form of unwanted physical touch that results in harm or injury. In Michigan, battery is often charged alongside assault, as the two offenses are closely related. Battery can be considered a misdemeanor or a felony, depending on the severity of the actions and any resulting injuries.

Key Points

• Assault: Attempt to cause harm or instilling fear of imminent harm; does not require physical contact.
• Battery: Actual physical contact or use of force that causes injury or harm; involves non-consensual contact.

Both assault and battery can carry significant legal penalties, including fines and imprisonment, particularly if they are classified as felonies or involve aggravating factors such as the use of a weapon or the victim’s status (e.g., a police officer).