Breaking Things in a Domestic Dispute: Malicious Destruction of Property in Michigan

Breaking, smashing or otherwise damaging someone else's belongings during a domestic dispute is charged in Michigan as malicious destruction of property. Under MCL 750.377a, a person who willfully and maliciously destroys or injures the personal property of another person commits a crime whose level depends on the amount of damage.^[4][1] Since February 13, 2024, the lower tiers have domestic-relationship versions that carry the same jail and fine but bring an 8-year firearm ban.^[2][3]

This page covers the value thresholds and penalties, the domestic versions, damage to buildings, and what the statute does and does not say about property the two people own together.

What has to be proved?

The opening sentence of MCL 750.377a supplies the elements: the person (1) willfully and maliciously (2) destroys or injures (3) the personal property (4) of another person.^[4] The amount of the destruction or injury then determines which penalty tier applies.^[1]

The word "injures" matters. The statute is not limited to property that is destroyed; damage short of destruction is covered, and the tiers are measured by "the amount of the destruction or injury."^[4][1]

Value thresholds and penalties for personal property

Amount of damage	Level	Maximum jail or prison	Maximum fine
Less than $200[1]	Misdemeanor	93 days	$500 or 3 times the damage, whichever is greater
$200 or more but less than $1,000[1]	Misdemeanor	1 year	$2,000 or 3 times the damage, whichever is greater
$1,000 or more but less than $20,000[1]	Felony	5 years	$10,000 or 3 times the damage, whichever is greater
$20,000 or more[1]	Felony	10 years	$15,000 or 3 times the damage, whichever is greater

These tiers are all in MCL 750.377a. MCL 750.377b is not a lower-value version of the offense; it covers the property of fire and police departments.^[1]

Adding up separate incidents

The amounts of destruction or injury in separate incidents "pursuant to a scheme or course of conduct within any 12-month period may be aggregated" to determine the total.^[6] Smaller incidents that are part of one scheme or course of conduct within 12 months can therefore be combined to reach a higher tier.

Prior convictions

The statute has three step-up provisions for people with prior convictions, and each is worded by reference to a specific subdivision:

• Under $200. A person who violates subdivision (e) or (f), the two under-$200 subdivisions, and has 1 or more prior convictions under the section or under a substantially corresponding local ordinance is punished at the 1-year misdemeanor level.^[7] If the person and the property owner are in one of the listed domestic relationships, that step-up is in the domestic subdivision, (1)(d)(ii).^[4]
• $200 or more but less than $1,000. A person who "violates subdivision (c)(i)" and has 1 or more prior convictions under the section is punished at the 5-year felony level.^[7]
• $1,000 or more but less than $20,000. A person who "violates subdivision (b)(i)" and has 2 or more prior convictions under the section is punished at the 10-year felony level.^[7]

For the two felony step-ups, a prior conviction does not include a conviction under subdivision (c)(ii), (e), or (f).^[7] The 5-year step-up refers only to subdivision (c)(i); it does not mention subdivision (d)(i), the domestic version of the same value band.^[7][4] The statute does not say in terms how a repeat offense charged under (d)(i) is treated, so this page does not state a rule on it.

When the prosecuting attorney intends to seek an enhanced sentence based on prior convictions, the complaint and information must include a statement listing them, and the court, without a jury, determines whether the prior convictions exist at sentencing or at a separate hearing before sentencing.^[6]

The domestic versions added in 2024

Since February 13, 2024, under 2023 PA 199, MCL 750.377a(1)(d) and (1)(f) are domestic-relationship versions of the two misdemeanor tiers.^[2] They apply when the person and the property owner are spouses or former spouses, have or have had a dating relationship, have or have had a child in common, or are residents or former residents of the same household.^[2]

Subdivision	Amount of damage	Maximum jail	Maximum fine
MCL 750.377a(1)(f)[2]	Less than $200	93 days	$500 or 3 times the damage, whichever is greater
MCL 750.377a(1)(d)(i)[2]	$200 or more but less than $1,000	1 year	$2,000 or 3 times the damage, whichever is greater
MCL 750.377a(1)(d)(ii)[4]	Less than $200, with 1 or more prior convictions under the section or a substantially corresponding local ordinance	1 year	$2,000 or 3 times the damage, whichever is greater

The jail and fine are the same as in the non-domestic tiers.^[2] What differs is the label. Convictions under subdivisions (1)(d) and (1)(f) are "misdemeanors involving domestic violence" under MCL 750.224f.^[2][8] A person convicted of a misdemeanor involving domestic violence may not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in Michigan until 8 years after all fines are paid, all terms of imprisonment are served, and all conditions of probation are successfully completed.^[3] The misdemeanor ban took effect on February 13, 2024.^[9]

So a conviction under a domestic subdivision for a broken phone or television worth a few hundred dollars carries a firearm consequence that can outlast the sentence.^[2][3] The ban is explained in Michigan's 8-year gun ban, and the relationship categories in Who is covered: the domestic relationship.

Concealed pistol licensing has a separate rule that does not depend on the domestic label: a misdemeanor conviction under MCL 750.377a or MCL 750.380 within the 3 years before the application, or a pending charge, bars a license.^[10]

Damage to a house, door, wall or other building

Damage to the structure of a home is covered by a different section from damage to belongings. MCL 750.380 separately prohibits willfully and maliciously destroying or injuring "another person's house, barn, or other building or its appurtenances."^[5] Its value bands and maximums match the personal property section: under $200, up to 93 days; $200 to under $1,000, up to 1 year; $1,000 to under $20,000, a felony of up to 5 years; $20,000 or more, a felony of up to 10 years.^[5]

The building section has its own domestic subdivisions, (5) and (7), which apply when the person and the property owner are in one of the same four relationships and the damage is under $1,000.^[11] Convictions under MCL 750.380(5) or (7) are also on the list of misdemeanors involving domestic violence.^[8]

Whose property is it? The jointly owned question

For people who share a household this is the obvious question, and the statute does not settle it.

What the statute says: the offense is destroying or injuring "the personal property of another person," and the domestic subdivisions describe the relationship as one between the person and "the property owner."^[4] The building section likewise speaks of "another person's" building and of "the property owner."^[5][11]

What the statute does not say: neither section defines "another person" or "property owner," and neither addresses property that the accused owns together with a spouse, partner, or housemate.^[4][11] The sources reviewed for this guide do not resolve how the offense applies to jointly owned or marital property, so this page does not state a rule either way.

Some practical observations follow from the text without answering that question:

• Property that clearly belongs only to the other person, such as that person's phone, laptop, or car, fits the words "of another person."^[4]
• The domestic subdivisions expressly include residents and former residents of the same household, so living together does not take a case outside the statute.^[2]
• Who paid for an item, whose name is on a title or account, and who used it are facts that bear on ownership. Bring that paperwork to any meeting with a lawyer.

Other charges that can arise from the same incident

• A phone broken to stop a call. Willfully and maliciously breaking or disconnecting a telephone, or preventing a communication, is a felony punishable by up to 2 years under MCL 750.540.^[12] See Taking a phone or stopping a 911 call.
• A pet harmed. Killing, torturing, or threatening to harm an animal with the intent to cause mental suffering or distress to a person or to exert control over a person is covered by the animal cruelty statute.^[13] See Animal cruelty in domestic cases.
• Entering a home to do the damage. Entering a dwelling without permission and committing a misdemeanor inside can be third-degree home invasion, a felony punishable by up to 5 years.^[14] See Home invasion and an ex-partner.
• Threats to damage property. A threat of property damage made by call or message with intent to frighten or harass can be charged under the telecommunications statute.^[15] See Harassing calls and texts.

Which court, and what happens to the cost of repair

The two misdemeanor tiers, with maximums of 93 days and 1 year, are within the district court's jurisdiction over misdemeanors punishable by not more than 1 year.^[16] The felony tiers begin in district court and, if the case is bound over, are tried and sentenced in circuit court.^[17] See Misdemeanor vs. felony domestic violence.

On a conviction, repayment is handled through restitution. If a misdemeanor results in damage to or loss or destruction of a victim's property, the restitution order requires the defendant to return the property or, if return is impossible, impractical, or inadequate, to pay the greater of the fair market value on the date of the damage or on the date of sentencing, less the value of anything returned. Replacement value is used if fair market value cannot be determined.^[18] More detail is in Restitution in domestic violence cases.

Because the tier depends on a dollar figure, the valuation can be contested. Receipts, repair estimates, and photographs of the item before and after are useful to both sides.

What people get wrong

• "It is my house, so I can break what I want." The statute asks whether the property is "of another person," not where it was located.^[4]
• "Small damage is no big deal." A conviction under a domestic subdivision, even for damage of less than $200, is a misdemeanor involving domestic violence with an 8-year firearm consequence.^[2][3]
• "The domestic version has a tougher sentence." The maximum jail and fine are unchanged.^[2]
• "If we own it together, it cannot be a crime." The statute does not say that, and the sources reviewed here do not answer the joint-ownership question.^[4]