Yes — domestic violence can be a felony under Michigan law, and the most common route there is a third offense, which carries up to five years in prison. But most domestic violence charges start as misdemeanors, and where your case falls depends on your record and on exactly what is alleged.
Please call me now at 616-438-6719 if you have any questions regarding felony domestic violence charges. I will be happy to talk with you about your case and give you five star rated customer service.
When a Domestic Violence Charge Becomes a Felony
There are two separate roads to a felony, and it is worth knowing which one you are on.
By repetition
- Third or subsequent domestic assault — MCL 750.81(5), up to 5 years. See third-offense domestic violence.
- Aggravated domestic assault with a prior — MCL 750.81a(3), up to 5 years. See aggravated domestic violence.
The priors that count are broader than most people assume: convictions under MCL 750.81, 750.81a, 750.82, 750.83, 750.84, or 750.86, plus corresponding local ordinances and out-of-state offenses. The victim in the prior case does not have to be the same person, and a case dismissed under MCL 769.4a still counts by operation of MCL 769.4a(5).
By what is alleged
- A dangerous weapon — felonious assault, MCL 750.82, up to 4 years. A household object used as a weapon qualifies.
- Strangulation or suffocation — MCL 750.84, up to 10 years. This is the one to watch. The statute needs only an intentional impeding of normal breathing or blood flow, by pressure on the neck or by blocking the nose or mouth. No injury, no marks, and no lasting harm are required, which is why a first-time accused person with no record can be looking at a decade of exposure. See assault by strangulation.
Why the Misdemeanor/Felony Line Matters So Much
A felony means circuit court instead of district court, prison instead of jail, sentencing guidelines, and a permanent felony record. It also lengthens the wait for any expungement from five years to seven, and it adds a Michigan felony firearms prohibition on top of the bans that already attach to any DV conviction — see gun rights after a DV conviction.
It also means the preliminary examination becomes one of the most important hearings in your case. That is a sworn, on-the-record opportunity to test the complaining witness's account before trial, and I use it rather than waiving it as a matter of routine.
For the full picture of Michigan domestic violence charges, see my Grand Rapids domestic violence defense guide, or start with first-offense domestic violence.
Frequently Asked Questions
Is domestic violence a felony or a misdemeanor in Michigan?
A first or second domestic assault is a misdemeanor. It becomes a felony on a third or subsequent offense under MCL 750.81(5) (up to 5 years), on a repeat aggravated domestic assault under MCL 750.81a(3) (up to 5 years), when a dangerous weapon is alleged under MCL 750.82 (up to 4 years), or when strangulation or suffocation is alleged under MCL 750.84 (up to 10 years).
Can a first-offense domestic violence be charged as a felony?
Yes — not as a repeat offense, but through the conduct alleged. A first-time accused person can be charged with a felony if the allegation involves a weapon (MCL 750.82) or strangulation or suffocation (MCL 750.84). Prosecutors also sometimes charge assault with intent to do great bodily harm, a 10-year felony, on facts that only support a misdemeanor.
What is the difference between a misdemeanor and a felony domestic violence case?
Misdemeanor DV cases are handled start to finish in district court. Felony cases begin in district court with a preliminary examination and are then bound over to circuit court — the 17th Circuit Court in Kent County. Felonies carry prison rather than jail, are scored under sentencing guidelines, and leave you a convicted felon.
Talk to Me Before You Talk to Anyone Else
I am Shawn Haff, and I defend domestic violence cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and the earlier I am involved the more options you have. Call 616-438-6719 or send me a message.