Is Domestic Violence a Misdemeanor or a Felony in Michigan?

It can be either. A first domestic assault in Michigan is a misdemeanor punishable by up to 93 days in jail, a fine of up to $500, or both.^[1] The same conduct is a felony punishable by up to 5 years in prison if the person has two or more previous qualifying convictions, and some charges that arise in domestic settings, such as assault by strangulation, are felonies on a first offense.^[3][7]

Two things decide the classification: what the person is accused of doing, and what is on the person's record. This page explains how Michigan draws the line, the three tiers for domestic assault, the felonies that are charged in domestic settings, which court hears each, and what the difference means in practice.

How Michigan defines a misdemeanor and a felony

The Code of Criminal Procedure defines a felony as "a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony."^[9] A misdemeanor is a violation of a penal law that is not a felony.^[10]

The label in the statute matters as well as the number. Each domestic assault provision says in its own text whether the offense is a misdemeanor or a felony.^[1][3] When a statute calls an offense a misdemeanor without stating a punishment, the maximum is 90 days in jail, a fine of $500, or both.^[10]

The three tiers for domestic assault

Domestic assault under MCL 750.81 moves through three levels according to the number of previous qualifying convictions.^[1][2][3]

Tier	Subsection	Class	Maximum incarceration	Maximum fine
First offense[1]	MCL 750.81(2)	Misdemeanor	93 days	$500
One previous qualifying conviction[2]	MCL 750.81(4)	Misdemeanor	1 year	$1,000
Two or more previous qualifying convictions[3]	MCL 750.81(5)	Felony	5 years	$5,000

Two points about that table are often misstated. The third-offense maximum is 5 years; the earlier maximum of 2 years and $2,500 was replaced effective April 1, 2013.^[3][11] And the subsection numbers are the ones in force since July 25, 2016; before then the second-offense and third-offense provisions were numbered (3) and (4).^[12][13]

The statute has no look-back period, so an old conviction counts toward the tiers the same as a recent one.^[14] A case deferred and dismissed under MCL 769.4a counts as a prior as well.^[15] What qualifies as a prior and how it is proved are covered in Second and third offense domestic violence.

Aggravated domestic assault: two tiers

Aggravated domestic assault, which involves a serious or aggravated injury inflicted without a weapon, is a misdemeanor punishable by up to 1 year in jail, a fine of up to $1,000, or both.^[4] It becomes a felony punishable by up to 5 years in prison, a fine of up to $5,000, or both, if the person has one or more previous qualifying domestic assault convictions.^[5] Unlike simple domestic assault, a single prior is enough.^[5] See Aggravated domestic assault: MCL 750.81a.

Felonies charged in domestic settings

Some charges are felonies whatever the person's record, because of what is alleged.

Offense	Statute	Maximum
Felonious assault (assault with a dangerous weapon), a felony[6]	MCL 750.82(1)	4 years, $2,000, or both
Assault with intent to do great bodily harm less than murder, a felony[16]	MCL 750.84(1)(a)	10 years, $5,000, or both
Assault by strangulation or suffocation, a felony[7]	MCL 750.84(1)(b)	10 years, $5,000, or both
Assault with intent to commit murder, a felony[17]	MCL 750.83	Life or any number of years
Unlawful imprisonment, a felony[18]	MCL 750.349b	15 years, $20,000, or both
Aggravated stalking, a felony[19]	MCL 750.411i	5 years, $10,000, or both
Interfering with a telephone or electronic communication, such as stopping a call for help, a felony[20]	MCL 750.540	2 years, $1,000, or both; 4 years, $5,000, or both if the incident to be reported results in injury or death

The assault statutes in this table are written in terms of an assault on "another person" and are not limited to domestic relationships.^[6][16] The full list of offenses and maximums is in the Michigan domestic violence penalties chart. Individual guides cover felonious assault, strangulation, unlawful imprisonment, and interfering with a 911 call.

Which court hears each kind of case?

Michigan's district court has jurisdiction over misdemeanors punishable by a fine or imprisonment not exceeding 1 year, and over ordinance violations.^[21] It also handles the first stages of felony cases: arraignments, bail, probable cause conferences, and preliminary examinations.^[21] The circuit court has jurisdiction over felonies from the point of bindover.^[22]

Charge	Where it is tried and sentenced
Domestic assault, first or second offense (93 days or 1 year)[8]	District court
Aggravated domestic assault, no qualifying prior (1 year)[8]	District court
Local-ordinance domestic assault[8][23]	District court
Domestic assault, third offense (5 years)[8]	Begins in district court; circuit court if bound over
Aggravated domestic assault with a prior (5 years)[8]	Begins in district court; circuit court if bound over
Strangulation, felonious assault, aggravated stalking and the other felonies listed above[8]	Begins in district court; circuit court if bound over

The steps differ too. A misdemeanor to be tried in district court has no preliminary examination.^[21] For the sequence of hearings, see the misdemeanor case timeline, the felony case timeline, and The preliminary examination.

"Serious misdemeanor" and "high court misdemeanor" are different things

Two similar-sounding labels cause confusion.

A "serious misdemeanor" is a term from the Crime Victim's Rights Act. Its list includes a violation of MCL 750.81, "assault and battery, including domestic violence," and a violation of MCL 750.81a.^[24] The label determines which victim-rights provisions apply. It says nothing about which court hears the case, and it covers the 93-day first offense.^[24][1]

A "high court misdemeanor," also called a circuit court misdemeanor, is a colloquial term for a misdemeanor punishable by more than 1 year of imprisonment. Such an offense cannot be tried in district court and is treated as a felony for purposes of trial-court jurisdiction.^[25] The misdemeanor forms of domestic assault and aggravated domestic assault have maximums of 93 days and 1 year, so they stay in district court.^[1][2][4][8]

What the classification changes in practice

• Where time is served and how long. The statutory maximums are 93 days or 1 year in jail for the misdemeanor forms and 5 years in prison for the felony forms.^[1][2][3] Those are ceilings, not predictions; see Will I go to jail for domestic violence?
• Sentencing guidelines. The felony sentencing guidelines list only the felony versions of domestic assault. Third-offense domestic assault and repeat aggravated domestic assault are both Class E crimes against a person.^[26][27] The guidelines have been advisory since 2015, though judges must still consult the range and justify the sentence imposed.^[28] See Felony sentencing guidelines.
• Habitual-offender enhancement. The Court of Appeals has held that felony third-offense domestic violence is subject to the general habitual-offender statutes on top of the domestic violence enhancement.^[29]
• Probation length. 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.^[30] See Probation conditions.
• Assessments. The crime victim rights assessment is $130 for a felony and $75 for a misdemeanor or ordinance violation, and state minimum costs are $68 for a felony and $50 for a misdemeanor or ordinance violation.^[31][32] See Fines, costs and fees.
• Firearms. A conviction for a misdemeanor involving domestic violence brings a Michigan firearm prohibition that lasts until 8 years after all fines are paid, all imprisonment is served, and probation is successfully completed.^[33] A felony conviction brings the separate felony prohibition. For a "specified felony," a category that includes felonies with an element of the use, attempted use, or threatened use of physical force against another person, the prohibition lasts until 5 years after the sentence is completed and the right has been restored by a circuit court; for other felonies it lasts until 3 years after the sentence is completed.^[34][35][36] See Michigan's 8-year gun ban and Restoring gun rights.
• Clearing the record. A misdemeanor domestic assault conviction can be set aside by application, but only after a 5-year waiting period.^[37] A felony conviction for domestic violence cannot be set aside if the person has a previous misdemeanor conviction for domestic violence.^[38] See Expunging a domestic violence conviction.
• Jury trial. A jury trial is available at both levels; Michigan's Constitution guarantees one in every criminal prosecution, and the Court of Appeals has held that this covers misdemeanors.^[39] See Bench trial or jury trial?

The time limit to charge is the same

There is no separate limitations period for misdemeanor and felony domestic assault. Charges for domestic assault and aggravated domestic assault may be filed within 6 years after the offense is committed, and this applies to misdemeanors and felonies alike.^[40] See Statute of limitations for domestic violence.