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Assault and battery punishment may increase with proposed legislation

On November 10, 2011, various Michigan senators introduced Senate Bill No. 847 to amend Section 81 (MCL 750.81) of the Michigan Penal Code.  As currently written, Section 81(4) states that "an individual who commits an assault or an assault and battery . . . and who has 2 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household . . ., is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both".  The Michigan Senate proposes enhancing the maximum punishment for a 2-time repeat offender from 2 years to 5 years in prison, and an increase in the maximum fine from $2,500.00 to $5,000.00.

Before the proposed legislation can amend the law, it still needs to be passed by both the Senate and the House.  Until then, the punishment for a 2-time repeat offender of assault or assault and battery, under the current statute, remains a maximum imprisonment of 2 years or a fine of not more than $2,500.00, or both.

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