Bridal Shop Brawl

A bridal shop scuffle at First Lady Bridal Boutique in Lathrup Village has ended up on Youtube. It shows some very unhappy customers attacking and spitting on the shop’s owners. The fight caused over $20,000 worth of damage to the store and left surprised customers scrambling to get out of the way. For the full Detroit News article click here

The three customers, all relatives of an unhappy bride-to-be, appeared in court Wednesday on charges of assault and battery.

Here’s some quick and easy info on Michigan’s Assault Laws :

What is Assault?

Assault is making someone think you are about to hit them

Penalties:

Up to 93 days in jail and a $500 fine

What Defenses are there?

Self-Defense – You are only allowed to use the minimum amount of force necessary to protect yourself from an attack, taking into account how the stress an excitement of the situation may affect your perception.

Consent/Mutual Combatants – If two people agree to fight or physical contact is involved in an activity, then there is no assault. For example, playing in a contact sport.

Accident – If you didn’t intend to assault someone, then there is no assault. If you’re shooing a horsefly away and someone thinks you were trying to hit them, it is not an assault.

Jury Instruction

(1) The defendant is charged with the crime of assault. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant either attempted to commit a battery on [name complainant] or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another.

(3) Second, that the defendant intended either to commit a battery upon [name complainant] or to make [name complainant] reasonably fear an immediate battery. [An assault cannot happen by accident.]

(4) Third, that at the time, the defendant had the ability to commit a battery, appeared to have the ability, or thought [he / she] had the ability.

What is Assault & Battery?

Assault and Battery is making someone think that you are about to hit them, and then hitting them.

Penalties:

Up to 93 days in jail and up to a $500 fine.

 What Defenses are there?

Self-Defense – You are only allowed to use the minimum amount of force necessary to protect yourself from an attack, taking into account how the stress an excitement of the situation may affect your perception.

Consent/Mutual Combatants – If two people agree to fight or physical contact is involved in an activity, then there is no assault and battery. For example, playing in a contact sport.

 Accident – If you didn’t intend to assault someone, then there is no assault. If you’re shooing a horsefly away and someone thinks you were trying to hit them, it is not an assault.

 Jury Instruction

 (1) The defendant is charged with the crime of assault and battery. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt

(2) First, that the defendant committed a battery on [name complainant]. A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another.The touching must have been intended by the defendant, that is, not accidental, and it must have been against [name complainant]’s will. It does not matter whether the touching caused an injury.

(3) Second, that the defendant intended either to commit a battery upon [name complainant] or to make [name complainant] reasonably fear an immediate battery.


What is Aggravated Assault?

Aggravated Assault is attacking someone without a weapon and causing an injury that requires medical attention.

Penalties:

Up to 1 year in jail and up to $1,000 fine

What Defenses are there?

Self-Defense – You are only allowed to use the minimum amount of force necessary to protect yourself from an attack, taking into account how the stress an excitement of the situation may affect your perception.

Consent/Mutual Combatants – If two people agree to fight or physical contact is involved in an activity, then there is no assault and battery. For example, playing in a contact sport.

Accident – If you didn’t intend to assault someone, then there is no assault. If you’re shooing a horsefly away and someone thinks you were trying to hit them, it is not an assault.

Jury Instruction:

(1) [The defendant is charged with the crime of aggravated assault. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant tried to physically injure another person.

(3) Second, that the defendant intended to injure [name complainant] [or intended to make (name complainant) reasonably fear an immediate battery].

(4) Third, that the assault caused a serious or aggravated injury. A serious or aggravated injury is a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.

What is Felonious Assault?

Felonious assault is an attack on another person with a gun, knife, club or other dangerous weapon.

Penalties:

Up to 4 years in prison and up to $2,000 fine

What Defenses are there?

Self-Defense – You are only allowed to use the minimum amount of force necessary to protect yourself from an attack, taking into account how the stress an excitement of the situation may affect your perception.

Consent/Mutual Combatants – If two people agree to fight or physical contact is involved in an activity, then there is no assault and battery. For example, playing in a contact sport.

Accident – If you didn’t intend to assault someone, then there is no assault. If you’re shooing a horsefly away and someone thinks you were trying to hit them, it is not an assault.

Jury Instruction:

The defendant is charged with the crime of felonious assault. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(1) First, that the defendant either attempted to commit a battery on [name complainant] or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful or violent touching of the person or something closely connected with the person

(2) Second, that the defendant intended either to injure [name complainant] or to make [name complainant] reasonably fear an immediate battery.

(3) Third, that at the time, the defendant had the ability to commit a batter appeared to have the ability, or thought [he / she] had the ability

(4) Fourth, that the defendant committed the assault with a [state dangerous weapon alleged].

If you want more info visit our site Ambrose Law Group

or call (248) 624-5500


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