Domestic Abuse or Assault? How The Difference Can Affect Your Children (Pt 2)

December 29, 2017 Abuse and Neglect Attorney
Eye looking at abuse
The difference between assault and domestic violence is the family that’s affected!

Welcome back, and thanks for joining us again for this discussion on the difference between Assault and Domestic Abuse. In our previous article we looked at how the law defined Domestic Assault (also called Domestic Abuse) and Assault, and how these two definitions differed from each other. Moving on, we’re going to look at the three types of Assault under state law, and what it could mean for your children.

Assault can mean many things, depending on the situation

Assault, without the ‘domestic’ attachment, refers to any act of violence, or imminent violence against another person who isn’t in a relationship with the assailant. In Michigan there are several ways that Assault can be charged.

Simple Assault:

This refers to the basic crime of assaulting or battering someone. If someone assaults, and/or batters another person, this is charged as a misdemeanor which is punishable by up to 93 days in jail, a possible $500 fine, or both.

Aggravated Assault:

An aggravated assault is defined as battery with an aggravated injury. Similar to simple assault, this charge doesn’t include the use of a weapon and so is still charged as a misdemeanor. It is  punishable by up to 1 year in jail, with a fine of $1,000, or both.

Felonious Assault:

Felonious Assault refers to assault that involved the use of a dangerous weapon. However, isn’t limited to only a gun, a knife or brass knuckles. Numerous things can qualify as dangerous weapons if they can be used to harm someone else. A beer bottle, a glass ashtray and even tools can count as dangerous weapons. This charge is a felony under Michigan law and is punishable by up to four years in prison and fines of up to $2,000, or both.

So what does this mean for your children?

The main difference, when it comes to your children, is that the average Assault charge doesn’t end up impacting your children directly. Domestic Assault, on the other hand, often results in the arresting officer calling CPS. Child Protective Services starts an investigation, and in many cases, parents have their children temporarily removed from their care. In some cases, the abuser is charged for domestic assault, and so is the other parent, who is accused of failing to protect the children! All in all, assault that happens in the home can often have far more complicated results for a family!

If you or a loved one have been charged with Domestic Violence in Michigan, or are facing a CPS investigation as a result of Domestic Abuse, contact us immediately at 866-766-5245. The highly skilled child abuse and neglect defense attorneys at The Kronzek Firm have decades of experience successfully defending clients battling for their right to parent in the face of abusive home situations. Call us today. We are here to help you.