Michigan Domestic Violence Penalties Chart

This chart lists Michigan offenses that can be charged in domestic violence cases, with the statute, whether the offense is a misdemeanor or a felony, and the maximum incarceration and fine the statute allows. For first-offense domestic assault, the maximum is 93 days in jail, a fine of $500, or both.^[1] The figures reflect the statutes as of October 2026.

How to read the chart: every figure is a statutory maximum, not a typical sentence. "Class" is the label the statute itself uses. Where a statute says "or both," the court may impose incarceration, a fine, or both.^[1] Costs, assessments, restitution, probation and firearm consequences are not in the chart; they are summarized below it.^[8][9][10]

Domestic assault and aggravated domestic assault

Offense	Statute	Class	Maximum incarceration	Maximum fine
Domestic assault or assault and battery, first offense[1]	MCL 750.81(2)	Misdemeanor	93 days	$500
Assault or assault and battery of an individual known to be pregnant[11]	MCL 750.81(3)	Misdemeanor	93 days	$500
Domestic assault, or assault of a pregnant individual, with one previous qualifying conviction[2]	MCL 750.81(4)	Misdemeanor	1 year	$1,000
Domestic assault, or assault of a pregnant individual, with two or more previous qualifying convictions[3]	MCL 750.81(5)	Felony	5 years	$5,000
Aggravated domestic assault: serious or aggravated injury, no weapon[4]	MCL 750.81a(2)	Misdemeanor	1 year	$1,000
Aggravated domestic assault with one or more previous qualifying convictions[5]	MCL 750.81a(3)	Felony	5 years	$5,000
Assault or assault and battery where no domestic relationship applies, for comparison[12][13]	MCL 750.81(1)	Misdemeanor	93 days	$500; $1,000 if the victim is an on-duty health professional or medical volunteer and the accused is not a patient being treated by the victim

Three notes on this table. The subsection numbers are those in force since July 25, 2016; older sources cite the second and third offense as 750.81(3) and (4).^[14][15] The 5-year, $5,000 maximum for a third offense replaced a maximum of 2 years and $2,500 effective April 1, 2013.^[3][16] And there is no look-back period for prior convictions.^[17] See Domestic assault: MCL 750.81 explained, Aggravated domestic assault, and Second and third offense domestic violence.

Felony assaults charged in domestic settings

Offense	Statute	Class	Maximum incarceration	Maximum fine
Felonious assault (assault with a dangerous weapon)[18][13]	MCL 750.82(1)	Felony	4 years	$2,000; $4,000 if the victim is an on-duty health professional or medical volunteer and the accused is not a patient being treated by the victim
Assault with intent to do great bodily harm less than murder[6]	MCL 750.84(1)(a)	Felony	10 years	$5,000
Assault by strangulation or suffocation[7]	MCL 750.84(1)(b)	Felony	10 years	$5,000
Assault with intent to commit murder[19]	MCL 750.83	Felony	Life or any number of years	None stated in the section
Assault with intent to maim or disfigure[20]	MCL 750.86	Felony	10 years	$5,000 (the statute says "or," not "or both")
Torture[21]	MCL 750.85	Felony	Life or any term of years	None stated in the section
Unlawful imprisonment[22]	MCL 750.349b	Felony	15 years	$20,000
Assault on a pregnant individual resulting in miscarriage, stillbirth, or death of the embryo or fetus[23]	MCL 750.90b(a)	Felony	15 years	$7,500

These statutes do not make a domestic relationship an element; they are written in terms of an assault on, or restraint of, another person.^[18][6][22] A conviction under MCL 750.82, 750.83, 750.84 or 750.86 against a person in a domestic relationship does count as a prior for repeat domestic assault.^[24] See Felonious assault, Assault by strangulation, Unlawful imprisonment, and Assaulting a pregnant partner.

Stalking and communications offenses

Offense	Statute	Class	Maximum incarceration	Maximum fine
Stalking[25]	MCL 750.411h(2)(a)	Misdemeanor	1 year	$1,000
Stalking between people in a domestic relationship[26]	MCL 750.411h(2)(c)	Misdemeanor	1 year	$1,000
Stalking where the victim was under 18 and the accused is 5 or more years older[27]	MCL 750.411h(2)(b)	Felony	5 years	$10,000
Aggravated stalking[28]	MCL 750.411i(3)(a)	Felony	5 years	$10,000
Aggravated stalking where the victim was under 18 and the accused is 5 or more years older[29]	MCL 750.411i(3)(b)	Felony	10 years	$15,000
Unlawfully posting a message[30]	MCL 750.411s(2)	Felony	2 years; 5 years if an aggravating circumstance applies	$5,000; $10,000 if aggravated
Malicious use of a telecommunications service[31]	MCL 750.540e	Misdemeanor	6 months	$1,000
Malicious use of a telecommunications service between people in a domestic relationship[32]	MCL 750.540e(1)(h)	Misdemeanor	6 months	$1,000
Interfering with a telephone or electronic communication, such as stopping a call for help[33]	MCL 750.540	Felony	2 years; 4 years if the incident to be reported results in injury or death	$1,000; $5,000 if injury or death
Nonconsensual dissemination of sexually explicit visual material[34]	MCL 750.145e, 750.145f	Misdemeanor	93 days; 1 year for a second or subsequent violation	$500; $1,000 for a repeat
Placing a tracking device on a motor vehicle without consent[35]	MCL 750.539l(1)	Misdemeanor	1 year	$1,000

See Stalking law in Michigan, Aggravated stalking, Malicious use of telecommunications, and Interfering with a 911 call.

Property, entry and related offenses

Offense	Statute	Class	Maximum incarceration	Maximum fine
Malicious destruction of personal property, damage under $200, including the domestic version[36][37]	MCL 750.377a(1)(e); domestic version at (1)(f)	Misdemeanor	93 days	$500 or 3 times the damage, whichever is greater
Malicious destruction of personal property, damage of $200 or more but less than $1,000, including the domestic version[36][37]	MCL 750.377a(1)(c); domestic version at (1)(d)	Misdemeanor	1 year	$2,000 or 3 times the damage, whichever is greater
Malicious destruction of personal property, damage of $1,000 or more but less than $20,000[36]	MCL 750.377a(1)(b)	Felony	5 years	$10,000 or 3 times the damage, whichever is greater
Malicious destruction of personal property, damage of $20,000 or more[36]	MCL 750.377a(1)(a)	Felony	10 years	$15,000 or 3 times the damage, whichever is greater
Illegal entry where the person in control is in a domestic relationship with the accused[38]	MCL 750.115(2)	Misdemeanor	90 days	$500
Home invasion, first degree[39]	MCL 750.110a(2), (5)	Felony	20 years	$5,000
Home invasion, second degree[40]	MCL 750.110a(3), (6)	Felony	15 years	$3,000
Home invasion, third degree, which includes entering in violation of a PPO or bond condition[41]	MCL 750.110a(4), (7)	Felony	5 years	$2,000
Witness tampering[42]	MCL 750.122(7)	Felony	4 years; 10 or 15 years in the more serious circumstances the statute lists	$5,000; $20,000 or $25,000 in those circumstances
Fourth-degree vulnerable adult abuse by a caregiver in a domestic relationship with the victim[43]	MCL 750.145n(5)	Misdemeanor	1 year	$1,000
Violation of a personal protection order by a person 17 or older (criminal contempt, not a separate crime classification)[44]	MCL 600.2950(23)	Criminal contempt	93 days	$500

The property-damage rows show the tiers by amount of damage; under MCL 750.377a(1) prior convictions can move an offense up a tier.^[45] See Property damage in a domestic dispute, Home invasion and an ex-partner's home, Witness tampering, and PPO violation penalties.

What the chart does not show

Assessments, costs and restitution

A fine is only one of the amounts a court orders. The court must order a crime victim rights assessment of $130 for a felony or $75 for a misdemeanor or ordinance violation in every case resolved by conviction, delayed sentence or deferred judgment.^[8] If the court orders any combination of a fine, costs or assessments, it must order state minimum costs of not less than $68 for a felony or $50 for a misdemeanor or ordinance violation.^[46] When sentencing for a misdemeanor, the court must also order full restitution to any victim of the defendant's course of conduct.^[9]

Courts have also had authority to impose costs reasonably related to the actual costs incurred by the trial court; under the current statute text, that provision applies only until December 31, 2026.^[47] See Fines, costs and fees and Restitution in domestic violence cases.

Probation

The general cap on a probation term is 2 years for an offense that is not a felony and 3 years for a felony, with statutory exceptions.^[48] One exception is stalking, for which a person may be placed on probation for up to 5 years.^[49] As a condition of probation the court may order county jail for up to 12 months, but not more than the maximum jail term for the offense if that is under 12 months.^[50] A person convicted of a domestic violence violation of MCL 750.81 or 750.81a is not eligible for reduced probation under MCL 771.2.^[51] See Probation conditions and Batterer intervention programs.

Felony sentencing

For the felony offenses, the statutory maximum is the ceiling and the sentencing guidelines produce a recommended minimum range.^[52] Third-offense domestic assault and repeat aggravated domestic assault are Class E crimes against a person.^[53] The guidelines are advisory, though judges must consult the range and justify the sentence imposed.^[54] The Court of Appeals has held that third-offense domestic violence can be further enhanced under the habitual-offender statutes.^[55] See Felony sentencing guidelines.

Deferral

A person with no previous assaultive-crime conviction who pleads guilty to or is found guilty of a domestic violation of MCL 750.81 or 750.81a may, with the consent of the accused and of the prosecuting attorney in consultation with the victim, be placed on probation without entry of a judgment of guilt. Only one such discharge and dismissal is allowed per person.^[56] See The MCL 769.4a deferral explained.

Collateral consequences

• Michigan firearms. A person convicted of a misdemeanor involving domestic violence may not possess a firearm or ammunition in Michigan until 8 years after paying all fines, serving all terms of imprisonment, and successfully completing all conditions of probation.^[10] See Michigan's 8-year gun ban.
• Federal firearms. Federal law makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition, and the federal provision contains no time limit.^[57][58] See The federal lifetime gun ban.
• Record clearing. A misdemeanor domestic assault conviction can be set aside by application only after a 5-year waiting period, and assaultive crimes and serious misdemeanors are excluded from automatic set-aside.^[59][60] See Expunging a domestic violence conviction.
• Immigration. A noncitizen who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse is deportable under federal law.^[61] Whether a particular Michigan conviction fits that federal definition is a separate question; see Immigration consequences.

For how these pieces combine in a real case, see Possible outcomes of a domestic violence case.