Michigan
Michigan Assault and Battery Laws: Charges and Penalties (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 22 primary sources cited on this page. How we verify our legal content
Michigan does not split assault and battery into separate crimes. MCL 750.81 punishes a person who "assaults or assaults and batters an individual" as one misdemeanor, with up to 93 days in jail, a $500 fine, or both. The statute does not define either word, so Michigan courts use the common-law definitions. Felony assault charges come from separate sections for weapons (MCL 750.82), intent to do great bodily harm or strangulation (MCL 750.84), assaults on police officers and other listed workers (MCL 750.81d), and repeat domestic assaults, among other sections. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the assault sections of the Michigan Penal Code, MCL 750.81 through 750.90b (including 750.81a, 750.81c, 750.81d and 750.81e), the definition in MCL 257.58c that 750.81d and 750.81e borrow, the sentencing-guidelines provision in MCL 769.34, and the civil filing period in MCL 600.5805. It does not cover self-defense (see Michigan self-defense laws), personal protection orders (see Michigan restraining order laws), criminal sexual conduct, child abuse and vulnerable-adult statutes, federal assault crimes (see the assault and battery hub) or local ordinances.
Assault vs. battery in Michigan
In Michigan the two ideas share one statute. MCL 750.81(1) provides that "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 Penal Code does not say what assault or battery means. The Michigan Supreme Court explained in People v Nickens, 470 Mich 622 (2004) that "when a statute sets forth a crime and its punishment without designating its elements, courts must look to the common law for guidance." The court then set out the common-law definitions:
An assault "'is made out from either an attempt to commit a battery or an unlawful act which places another in reasonable apprehension of receiving an immediate battery.'" ... a "battery is an intentional, unconsented and harmful or offensive touching of the person of another, or of something closely connected with the person."
The court called the first type an "attempted-battery assault" and the second an "apprehension-type assault." In practical terms, a completed unwanted touching is a battery, while a swing that misses or a threatening act that puts someone in reasonable fear of an immediate battery is an assault. Both are charged under the same section and carry the same misdemeanor penalty.
Michigan assault charges and penalties at a glance
Michigan's assault statutes do not refer to a table of offense classes. Each section states its own maximum penalty, so the ranges below come directly from the section in the second column.
| Offense | Statute | What it covers | Class | Statutory penalty range |
|---|---|---|---|---|
| Assault or assault and battery | MCL 750.81(1) | Assaulting or assaulting and battering an individual, if no other punishment is prescribed by law | Misdemeanor | Up to 93 days in jail, a fine up to $500, or both (fine up to $1,000 if the victim is a health professional or medical volunteer on duty, unless the defendant is the victim's patient) |
| Domestic assault | MCL 750.81(2) | Assault or assault and battery of a spouse or former spouse, dating partner, person with whom the individual has had a child in common, or resident or former resident of the household | Misdemeanor | Up to 93 days in jail, a fine up to $500, or both |
| Assault of a pregnant individual | MCL 750.81(3) | Assault or assault and battery of an individual the person knows is pregnant | Misdemeanor | Up to 93 days in jail, a fine up to $500, or both |
| Domestic or pregnancy assault, second offense | MCL 750.81(4) | A violation of (2) or (3) with one qualifying prior conviction | Misdemeanor | Up to 1 year in jail, a fine up to $1,000, or both |
| Domestic or pregnancy assault, third or later offense | MCL 750.81(5) | A violation of (2) or (3) with 2 or more qualifying prior convictions | Felony | Up to 5 years in prison, a fine up to $5,000, or both |
| Aggravated assault | MCL 750.81a(1) | Assault without a weapon that inflicts serious or aggravated injury, without intent to murder or to inflict great bodily harm less than murder | Misdemeanor | Up to 1 year in jail, a fine up to $1,000, or both (fine up to $2,000 for a health professional or medical volunteer victim) |
| Aggravated domestic assault | MCL 750.81a(2), (3) | Aggravated assault against a person in a listed domestic relationship | Misdemeanor; felony with 1 or more qualifying prior convictions | Misdemeanor: up to 1 year, a fine up to $1,000, or both. Felony: up to 5 years, a fine up to $5,000, or both |
| Felonious assault | MCL 750.82(1), (2) | Assault with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon, without intent to murder or to inflict great bodily harm less than murder | Felony | Up to 4 years in prison, a fine up to $2,000, or both (fine up to $4,000 for a health professional or medical volunteer victim). In a weapon free school zone: one or more of up to 4 years in prison, up to 150 hours of community service, and a fine up to $6,000 |
| Assault with intent to do great bodily harm less than murder | MCL 750.84(1)(a) | Assault with intent to do great bodily harm, less than the crime of murder | Felony | Up to 10 years in prison, a fine up to $5,000, or both |
| Assault by strangulation or suffocation | MCL 750.84(1)(b), (2) | Assault by intentionally impeding normal breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth | Felony | Up to 10 years in prison, a fine up to $5,000, or both |
| Assault with intent to commit murder | MCL 750.83 | Assault with intent to commit the crime of murder | Felony | Life or any number of years |
| Assault with intent to maim | MCL 750.86 | Assault with intent to maim or disfigure by the injuries the section lists (tongue, eye, ear, nose or lips, limb, organ or member) | Felony | Up to 10 years in prison or a fine up to $5,000 |
| Assault with intent to commit a felony | MCL 750.87 | Assault with intent to commit any burglary or other felony whose assault punishment is not otherwise prescribed | Felony | Up to 10 years in prison or a fine up to $5,000 |
| Assault with intent to rob, unarmed | MCL 750.88 | Assault with force and violence and intent to rob and steal, while not armed with a dangerous weapon | Felony | Up to 15 years in prison |
| Assault with intent to rob, armed | MCL 750.89 | Assault with intent to rob and steal while armed with a dangerous weapon or an article used or fashioned to lead the person assaulted reasonably to believe it is one | Felony | Life or any term of years |
| Torture | MCL 750.85 | With intent to cause cruel or extreme physical or mental pain and suffering, inflicting great bodily injury or severe mental pain or suffering on a person within one's custody or physical control | Felony | Life or any term of years |
| Assault on a pregnant individual causing harm to the pregnancy | MCL 750.90a, 750.90b | Intentionally committing conduct prohibited by sections 81 to 89 against a pregnant individual, where it results in a miscarriage, stillbirth, or death of or injury to the embryo or fetus | Felony or misdemeanor, by result | Life or any term of years under 750.90a when the person intended a miscarriage, stillbirth, or death of or great bodily harm to the embryo or fetus (or acted in wanton or willful disregard of that likelihood) and a miscarriage, stillbirth or death resulted. Under 750.90b: up to 15 years (miscarriage, stillbirth or death); up to 10 years (great bodily harm); up to 1 year (serious or aggravated injury); up to 93 days (physical injury) |
| Assaulting, resisting or obstructing a person performing duties | MCL 750.81d(1)-(4) | Assaulting, battering, wounding, resisting, obstructing, opposing or endangering a police officer, firefighter, EMS worker or other listed person the individual knows or has reason to know is performing duties | Felony | No injury: up to 2 years, a fine up to $2,000, or both. Injury requiring medical attention: up to 4 years, up to $5,000. Serious impairment of a body function: up to 15 years, up to $10,000. Death: up to 20 years, up to $20,000 |
| Assault of a public utility worker | MCL 750.81e(1)-(3) | Assault or battery of a public utility employee or contractor performing duties or because of that status | Misdemeanor; felony with injury requiring medical attention or care | No injury: up to 1 year, a fine up to $1,000, or both. Injury requiring medical attention: felony, up to 2 years, up to $1,000. Serious impairment of a body function: felony, up to 5 years, a fine of $1,000 to $5,000 |
| Assault of a family independence agency employee | MCL 750.81c(1)-(3) | Threats against, or assault or battery of, an employee of the agency performing duties or because of that status | Misdemeanor (threat); felony (injury) | Threat: up to 1 year, a fine up to $1,000. Physical injury: felony, up to 2 years, up to $1,000. Serious impairment of a body function: felony, up to 5 years, a fine of $1,000 to $5,000 |
Every figure in the last column is a statutory maximum. For felonies, MCL 769.34(2) provides that the minimum sentence "may be within the appropriate sentence range under the version of those sentencing guidelines in effect on the date the crime was committed," so the statutory maximum is not the typical sentence.
Is assault a felony in Michigan?
Simple assault and battery is a misdemeanor, and so is Michigan's aggravated assault. An assault becomes a felony in Michigan when:
- A dangerous weapon is used. Felonious assault under MCL 750.82 carries up to 4 years.
- The person intends great bodily harm or strangles the victim. MCL 750.84 carries up to 10 years.
- The victim is a police officer, firefighter, EMS worker or other listed person performing duties. MCL 750.81d is a felony of up to 2 years even when no one is injured.
- The victim is a public utility worker who suffers a bodily injury requiring medical attention or care (750.81e), or a family independence agency employee who suffers any physical injury (750.81c). Either is a felony of up to 2 years.
- It is a repeat domestic assault. A third domestic or pregnancy-victim assault under 750.81(5), or an aggravated domestic assault with one qualifying prior under 750.81a(3), is a felony of up to 5 years.
- The assault is made with intent to murder, maim, rob or commit another felony (MCL 750.83, 750.86, 750.87, 750.88, and 750.89 when armed).
- The conduct is torture of a person in the offender's custody or physical control (MCL 750.85).
- An assault on a pregnant individual results in a miscarriage, stillbirth, or death of or great bodily harm to the embryo or fetus (MCL 750.90a, 750.90b).
Simple vs. aggravated assault in Michigan
Michigan uses "aggravated assault" for a different offense than many states do. Under MCL 750.81a(1), it covers a person who "assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder." It is a misdemeanor of up to 1 year, a $1,000 fine, or both. Section 750.81a does not define "serious or aggravated injury."
The offenses that other states call aggravated assault are felonies in Michigan under different names:
- Felonious assault (MCL 750.82): an assault with "a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon" without intent to murder or to inflict great bodily harm. The list ends with "or other dangerous weapon," so it is not limited to the items named.
- Assault with intent to do great bodily harm less than murder (MCL 750.84(1)(a)): turns on the person's intent, not on the injury actually caused.
- Assault by strangulation or suffocation (MCL 750.84(1)(b)): "intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person."
Assaulting a police officer, nurse or other worker in Michigan
Police officers, firefighters and EMS (MCL 750.81d)
MCL 750.81d(1) makes it a felony for an individual who "assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties." It reaches more than assault: "obstruct" includes "the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command" (750.81d(7)(a)). Under 750.81d(6), a prison term for this offense "may run consecutively" to a term for another violation arising from the same transaction.
The covered "person" under 750.81d(7)(b) means:
- a police officer of Michigan or of a political subdivision, including a motor carrier officer or capitol security officer of the state police;
- an authorized police officer of a junior college, college, or university;
- a conservation officer of the state Department of Natural Resources or Department of Environmental Quality, or of the U.S. Department of the Interior;
- a sheriff or deputy sheriff;
- a constable;
- a peace officer of a federal police agency, including an agent of the Secret Service or Department of Justice;
- a firefighter;
- emergency medical service personnel described in MCL 333.20950; and
- an individual engaged in a search and rescue operation as defined in section 50c.
The penalty rises with the result: up to 2 years (no injury), 4 years (bodily injury requiring medical attention or medical care), 15 years (serious impairment of a body function) and 20 years (death).
Health professionals and medical volunteers
Since March 5, 2024 (2023 PA 271 and 2023 PA 272), the maximum fine doubles when the victim is a health professional or medical volunteer performing their duties: up to $1,000 for assault and battery, $2,000 for aggravated assault and $4,000 for felonious assault. The jail and prison maximums do not change, and under 750.81(1), "the enhanced fine under this subsection does not apply if the defendant is a patient who is receiving treatment from the victim."
A "health professional" under 750.81(8)(c) is an individual employed by, granted privileges by or under contract with a hospital, psychiatric hospital, health facility or agency, health system, or health care provider whose duties involve direct patient care requiring licensure, registration, certification or other authorization under the Public Health Code, or who provides indirect patient care under the direction of one of those entities.
Public utility workers and family independence agency employees
MCL 750.81e covers an employee or contractor of a public utility, meaning "a utility that provides steam, gas, heat, electricity, water, cable television, telecommunications services, or pipeline services, whether privately, municipally, or cooperatively owned." MCL 750.81c covers employees of the "family independence agency," the agency name the statute still uses. Both have the tiered penalties shown in the table.
"Serious impairment of a body function"
The upper tiers of 750.81d and 750.81e turn on a "serious impairment of a body function." MCL 257.58c defines it to include, among other things, loss of a limb or use of a limb; loss of a foot, hand, finger or thumb or use of one; loss of an eye or ear or use of one; loss or substantial impairment of a bodily function; serious visible disfigurement; a comatose state lasting more than 3 days; measurable brain or mental impairment; a skull fracture or other serious bone fracture; subdural hemorrhage or hematoma; and loss of an organ. Section 750.81c uses the same phrase but refers to section 625(5) of the Michigan vehicle code, MCL 257.625, for its meaning.
Groups without a separate assault penalty
The assault sections of the Penal Code, MCL 750.81 through 750.90b, contain no separate penalty for assaulting a teacher or other school employee, a sports official, a retail worker, a transit worker, an elderly person or a child. An assault on one of them is charged under the general assault sections above. Child abuse and vulnerable-adult abuse are separate offenses in other parts of the Penal Code and are outside this page.
Domestic assault in Michigan
Domestic assault is not a separate statute in Michigan; it is subsection (2) of MCL 750.81. It covers an assault or assault and battery of "the individual's spouse or former spouse, an individual with whom the individual has or has had a dating relationship, an individual with whom the individual has had a child in common, or a resident or former resident of the individual's household."
A "dating relationship" under 750.81(8)(a) means "frequent, intimate associations primarily characterized by the expectation of affectional involvement." It "does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context."
Penalties escalate with prior convictions:
- First offense: misdemeanor, up to 93 days, a $500 fine, or both (750.81(2)).
- Second offense: up to 1 year, a $1,000 fine, or both (750.81(4)).
- Third or later offense: felony, up to 5 years, a $5,000 fine, or both (750.81(5)).
Prior convictions count under 750.81(5) when they were for assaulting or assaulting and battering a person described in subsection (2) or (3) under section 81 or a matching local ordinance, under sections 81a, 82, 83, 84 or 86, or under a substantially corresponding law or ordinance of another state. Under MCL 750.81b, a prosecutor seeking an enhanced sentence must include a notice in the charging document listing the prior convictions relied on. The same escalation applies to assault of an individual the person knows is pregnant (750.81(3)).
A domestic assault conviction can also carry a federal firearm prohibition under 18 U.S.C. 922(g)(9), which the assault and battery hub covers. Personal protection orders are a separate civil process; see Michigan restraining order laws.
School discipline exception
MCL 750.81(6) states that the section "does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312."
Recent changes to Michigan assault law
- March 5, 2024: 2023 PA 271 (MCL 750.81 and 750.81a) and 2023 PA 272 (MCL 750.82) added the higher fines for assaults on health professionals and medical volunteers.
- April 1, 2013: 2012 PA 367 amended MCL 750.84, which now covers assault by strangulation or suffocation.
No Public Act of 2025 or 2026 has amended these assault sections.
Civil lawsuits for assault and battery in Michigan
A criminal case and a civil lawsuit are separate. The state prosecutes the crime, while the injured person may sue for money damages.
MCL 600.5805(3) provides that, subject to subsections (4) to (6), "the period of limitations is 2 years for an action charging assault, battery, or false imprisonment." The period is 5 years when the person was assaulted or battered by a spouse or former spouse, an individual with whom they have had a child in common, a person they reside or formerly resided with, or someone with whom they have or had a dating relationship (600.5805(4), (5)). It is 10 years for an action to recover damages sustained because of criminal sexual conduct (600.5805(6)). For other filing deadlines, see the Michigan statute of limitations guide.
Related legal issues
- Self-defense. Justification is a separate topic; see Michigan self-defense laws.
- Personal protection orders. See Michigan restraining order laws.
- Setting aside a conviction. Whether an assault conviction can be set aside is covered in Michigan expungement laws.
Related pages
- Assault and battery laws by state
- Michigan self-defense laws
- Michigan restraining order laws
- Michigan expungement laws
- Michigan statute of limitations
This article provides general legal information about Michigan assault law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in Michigan.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in Michigan?
Michigan charges both under one statute, MCL 750.81, which punishes a person who assaults or assaults and batters an individual. Under People v Nickens (2004), an assault is an attempted battery or an act placing someone in reasonable apprehension of an immediate battery, and a battery is an intentional, unconsented and harmful or offensive touching.
Is assault a felony in Michigan?
Simple assault and battery under MCL 750.81 is a misdemeanor of up to 93 days. It becomes a felony in several ways, including with a dangerous weapon (750.82), with intent to do great bodily harm or by strangulation (750.84), against a police officer or other person listed in 750.81d, on a third domestic assault conviction (750.81(5)), or when made with intent to murder, maim, rob or commit another felony.
What is the penalty for assault and battery in Michigan?
Under MCL 750.81(1), up to 93 days in jail, a fine of up to $500, or both. The fine cap is $1,000 when the victim is a health professional or medical volunteer performing their duties, unless the defendant is a patient receiving treatment from the victim.
Is aggravated assault a felony in Michigan?
No. Aggravated assault under MCL 750.81a(1), assault without a weapon that inflicts serious or aggravated injury, is a misdemeanor of up to 1 year, a $1,000 fine, or both. Aggravated domestic assault with a qualifying prior conviction is a felony of up to 5 years under 750.81a(3).
What is felonious assault in Michigan?
MCL 750.82 makes it a felony to assault another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending murder or great bodily harm. The maximum is 4 years, a $2,000 fine, or both.
What happens if you assault a police officer in Michigan?
Under MCL 750.81d, assaulting, battering, resisting or obstructing a person the individual knows or has reason to know is performing duties, such as a police officer, firefighter or EMS worker, is a felony of up to 2 years. It rises to 4 years with an injury requiring medical attention, 15 years with serious impairment of a body function, and 20 years if the person dies.
Is assaulting a nurse a felony in Michigan?
Not by statute on that ground. When the victim is a health professional or medical volunteer performing their duties, MCL 750.81, 750.81a and 750.82 raise the maximum fine, not the jail or prison term, so the offense keeps the grade it would otherwise have.
Is choking someone a felony in Michigan?
Yes. MCL 750.84(1)(b) makes assault by strangulation or suffocation a felony of up to 10 years, a $5,000 fine, or both. The statute defines it as intentionally impeding normal breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth.
Is domestic assault a felony in Michigan?
A first domestic assault under MCL 750.81(2) is a misdemeanor of up to 93 days. A second offense is punishable by up to 1 year, and a third or later offense is a felony of up to 5 years under 750.81(5).
How long do you have to sue for assault and battery in Michigan?
MCL 600.5805(3) sets a 2-year period of limitations for an action charging assault, battery, or false imprisonment. The period is 5 years when the assault or battery was by a spouse or former spouse, a person with whom you have had a child in common, a current or former household member, or a dating partner (600.5805(4), (5)), and 10 years for damages from criminal sexual conduct (600.5805(6)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Michigan Compiled Laws
§ 750.81Assault or assault and battery; penalties; previous convictions; exception; assault of health professional or medical volunteer; enhanced penalties; definitionsIn forcecited in 3 of our articles
(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. If the victim of a violation under this subsection is a health professional or medical volunteer and the violation occurs while the victim is performing the victim's duties as a health professional or medical volunteer, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both. The enhanced fine under this subsection does not apply if the defendant is a patient who is receiving treatment from the victim.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 617 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Cameron (Michigan Court of Appeals 2011, 291 Mich. App. 599)“…osecutor charged Cameron with domestic violence pursuant to MCL 750.81(2). 16 Then, to support the domestic v…”
- People v. Meissner (Michigan Court of Appeals 2011, 294 Mich. App. 438)“…right his convictions of second-offense domestic violence, MCL 750.81(3); first-degree home invasion, MCL 750…”
- In Re Rood (Michigan Supreme Court 2009, 483 Mich. 73)“…s, but pleaded guilty of domestic violence, second offense, MCL 750.81(3), and was sentenced to time served.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Michigan Squatters Rights and Adverse Possession Laws (2026)
§ 750.81aAssault; infliction of serious or aggravated injury; penalties; previous convictions; assault of health professional or medical volunteer; enhanced penalties; definitionsIn force
(1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. If the victim of a violation under this subsection is a health professional or medical volunteer and the violation occurs while the victim is performing the victim's duties as a health professional or medical volunteer, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both. The enhanced fine under this subsection does not apply if the defendant is a patient who is receiving treatment from the victim.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 750.82Felonious assault; violation of subsection (1) in weapon free school zone; assault of health professional or medical volunteer; enhanced penalties; definitionsIn force
(1) Except as otherwise provided in this subsection or subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. If the victim of a violation under this subsection is a health professional or medical volunteer and the violation occurs while the victim is performing the victim's duties as a health professional or medical volunteer, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both. The enhanced fine under this subsection does not apply if the defendant is a patient who is receiving treatment from the victim. (2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following: (a) Imprisonment for not more than 4 years. (b) Community service for not more than 150 hours. (c) A fine of not more than $6,000.00.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 750.84Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; "strangulation or suffocation" defined; other violation out of same conductIn force
(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both: (a) Assaults another person with intent to do great bodily harm, less than the crime of murder. (b) Assaults another person by strangulation or suffocation. (2) As used in this section, "strangulation or suffocation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. (3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 750.81dAssaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitionsIn force
(1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. (2) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. (3) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 750.81bEnhanced sentence; provisionsIn force
The following provisions apply in any case in which the prosecuting attorney seeks an enhanced sentence under section 81(3) or (4) or 81a(3): (a) The charging document or amended charging document shall include a notice provision that states that the prosecuting attorney intends to seek an enhanced sentence under section 81(3) or (4) or 81a(3) and lists the prior conviction or convictions that will be relied upon for that purpose. The notice shall be separate and distinct from the language charging the current offense, and shall not be read or otherwise disclosed to the jury if the case proceeds to trial before a jury. (b) The defendant's prior conviction or convictions shall be established at sentencing. The existence of a prior conviction and the factual circumstances establishing the required relationship between the defendant and the victim of the prior assault or assault and battery may be established by any evidence that is relevant for that purpose, including, but not limited to, 1 or more of the following: (i) A copy of a judgment of conviction. (ii) A transcript of a prior trial, plea-taking, or sentencing proceeding.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 600.5805Injuries to persons or property; period of limitations; "adjudication," "criminal sexual conduct," and "dating relationship" definedIn forcecited in 21 of our articles
(1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section. (2) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property. (3) Subject to subsections (4) to (6), the period of limitations is 2 years for an action charging assault, battery, or false imprisonment. (4) Subject to subsection (6), the period of limitations is 5 years for an action charging assault or battery brought by a person who has been assaulted or battered by his or her spouse or former spouse, an individual with whom he or she has had a child in common, or a person with whom he or she resides or formerly resided.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 1,140 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Michigan courts enforce Sec. 600.5805 as written: Garg v. MacOmb County Community Mental Health Services (2005) overruled the continuing violations doctrine as inconsistent with it, while Bryant v. Oakpointe Villa Nursing Centre, Inc (2004) let time-barred malpractice claims proceed on the equities of that case and others then pending.
Opinions citing this section in our collection:
- Rory v. Continental Insurance (Michigan Supreme Court 2005, 473 Mich. 457)“…ited to being brought within three years pursuant to former MCL 600.5805(9), now MCL 600.5805(10), which governs…”
- Walters v. Nadell (Michigan Supreme Court 2008, 481 Mich. 377)✓A driver hurt in a 2001 crash could not serve the defendant, a servicemember, before the three-year period expired; the court held he waived the federal tolling provision by never raising it below, reasoning the limitations statute is likewise mandatory yet waivable.
- Garg v. MacOmb County Community Mental Health Services (Michigan Supreme Court 2005, 472 Mich. 263)✓A county psychologist won a $250,000 retaliation verdict resting partly on acts older than three years; the court held the statute requires suit within three years of each adverse act, overruled the continuing violations doctrine, and directed judgment for the employer.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Michigan Dog Bite Laws: Liability and Victim Rights, Michigan Car Accident Laws: No-Fault, PIP Tiers, and Your Claim, Michigan Defamation Laws: Libel & Slander (2026)
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The laws cited above reference these related sections in their own text:
- Michigan Compiled Laws § 750.520b — Criminal sexual conduct in the first degree; circumstances; felony; consecutive terms view in our statute record · read at the official source
- Michigan Compiled Laws § 750.520c — Criminal sexual conduct in the second degree; felony view in our statute record · read at the official source
- Michigan Compiled Laws § 750.520d — Criminal sexual conduct in the third degree; felony view in our statute record · read at the official source
- Michigan Compiled Laws § 750.520e — Criminal sexual conduct in the fourth degree; misdemeanor view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
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Sources and References
- MCL 750.81, Assault or assault and battery(www.legislature.mi.gov).gov
- MCL 750.82, Felonious assault(www.legislature.mi.gov).gov
- MCL 750.84, Assault with intent to do great bodily harm; strangulation or suffocation(www.legislature.mi.gov).gov
- MCL 750.81d, Assaulting, resisting or obstructing a person performing duties(www.legislature.mi.gov).gov
- People v Nickens, 470 Mich 622 (2004)(www.courtlistener.com)
- MCL 750.81a, Assault inflicting serious or aggravated injury(www.legislature.mi.gov).gov
- MCL 750.83, Assault with intent to commit murder(www.legislature.mi.gov).gov
- MCL 750.86, Assault with intent to maim(www.legislature.mi.gov).gov
- MCL 750.87, Assault with intent to commit a felony(www.legislature.mi.gov).gov
- MCL 750.88, Assault with intent to rob, unarmed(www.legislature.mi.gov).gov
- MCL 750.81e, Assault of a public utility employee or contractor(www.legislature.mi.gov).gov
- MCL 750.81c, Assault of a family independence agency employee(www.legislature.mi.gov).gov
- MCL 769.34, Sentencing guidelines(www.legislature.mi.gov).gov
- MCL 257.58c, Serious impairment of a body function(www.legislature.mi.gov).gov
- MCL 750.81b, Enhanced sentence; notice(www.legislature.mi.gov).gov
- 18 U.S.C. 922(g)(9), firearm possession after a misdemeanor crime of domestic violence(www.govinfo.gov).gov
- Michigan 2026 Public and Local Acts Table(www.legislature.mi.gov).gov
- MCL 600.5805, Period of limitations for injuries to persons or property(www.legislature.mi.gov).gov
- MCL 750.89, Assault with intent to rob and steal being armed(www.legislature.mi.gov).gov
- MCL 750.85, Torture(www.legislature.mi.gov).gov
- MCL 750.90a, Conduct against pregnant individual resulting in miscarriage, stillbirth or death of embryo or fetus(www.legislature.mi.gov).gov
- MCL 750.90b, Conduct against pregnant individual resulting in harm to embryo or fetus(www.legislature.mi.gov).gov
- MCL 257.625, Michigan vehicle code section 625(www.legislature.mi.gov).gov
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