Jail and Prison for Domestic Violence in Michigan: What Sentences Are Possible

A domestic violence conviction in Michigan can carry jail or prison, but for the offenses on this page the statutes set maximums and leave the sentence within them to the judge, with one habitual-offender exception described below. A first-offense domestic assault is punishable by not more than 93 days in jail, a fine of not more than $500, or both.^[1] A court may also place the person on probation, with or without jail as a condition.^[4][5]

This page sets out the statutory limits for the main domestic violence offenses, how probation and jail fit together, how felony sentencing differs, and what the judge is required to take into account. It does not predict what any person will receive. Sentences depend on the offense, the person's record, the facts and the court.

The statutory maximums

Offense	Statute	Maximum incarceration	Maximum fine
Domestic assault, first offense (misdemeanor)	MCL 750.81(2)	93 days	$500[1]
Domestic assault with 1 prior (misdemeanor)	MCL 750.81(4)	1 year	$1,000[2]
Domestic assault with 2 or more priors (felony)	MCL 750.81(5)	5 years	$5,000[3]
Aggravated domestic assault (misdemeanor)	MCL 750.81a(2)	1 year	$1,000[9]
Aggravated domestic assault with 1 or more priors (felony)	MCL 750.81a(3)	5 years	$5,000[10]
Felonious assault (felony)	MCL 750.82(1)	4 years	$2,000[11]
Assault with intent to do great bodily harm, or by strangulation or suffocation (felony)	MCL 750.84(1)	10 years	$5,000[12]
Aggravated stalking (felony)	MCL 750.411i(3)	5 years; 10 years if the victim was under 18 and the offender is 5 or more years older	$10,000; $15,000[13]
Unlawful imprisonment (felony)	MCL 750.349b(2)	15 years	$20,000[14]

Each statute uses the words "not more than."^[1][3][12] A fuller table, with more offenses, is in the Michigan domestic violence penalties chart, and the difference between the two levels of charge is explained in Misdemeanor vs. felony domestic violence.

One figure in older material is out of date. Third-offense domestic assault was once a 2-year offense; since April 1, 2013 it has carried a 5-year maximum.^[3][15] How prior convictions raise the charge is covered in Second and third offenses.

Probation instead of, or along with, jail

A court may place a defendant on probation after a finding of guilt if it determines that the defendant is not likely again to engage in an offensive or criminal course of conduct and that the public good does not require that the defendant suffer the penalty imposed by law.^[4] Domestic assault, strangulation and stalking are not among the offenses for which probation is unavailable.^[16]

Probation and jail are not either-or. As a condition of probation the court may order imprisonment in the county jail for not more than 12 months, served at once or at intervals, and the confinement must not exceed the maximum period of imprisonment provided for the offense if that maximum is less than 12 months.^[5] For a first-offense domestic assault, that means jail as a probation condition cannot exceed 93 days.^[5][1]

The same structure applies when a case is deferred under MCL 769.4a: the court may order imprisonment for not more than 12 months within the period of probation, again limited by the maximum for the offense.^[17] See Probation in a domestic violence case and The first-offender deferral (MCL 769.4a).

What does the judge have to consider?

The legislative sentencing guidelines classify felonies, and first-offense and second-offense domestic assault and first-offense aggravated domestic assault do not appear in the guidelines manual's felony list.^[18] For those misdemeanors the limit on the sentence is the statutory maximum.^[1][2][9]

Some inputs are fixed by law in every case:

• The victim's statement. The victim has the right to appear and make an oral impact statement at sentencing, and in district court the judge must address any victim present and permit an impact statement.^[8]
• Probation conditions. If probation is ordered, its conditions must be individually tailored to the probationer and address assessed risks and needs, and the court must consider the victim's input and safety needs.^[19]
• Restitution. When sentencing for a misdemeanor, the court must order full restitution to any victim of the defendant's course of conduct.^[20]
• Proof of priors. If the prosecutor seeks a repeat-offender sentence, the prior conviction is established at sentencing, and the defendant must be given an opportunity to deny, explain or refute the evidence of it.^[21][22]

What a victim may say at sentencing is covered in Victim impact statements.

How felony sentencing is different

A felony sentence has a minimum term and a maximum term. The maximum comes from the offense statute, or from a habitual-offender statute when one applies.^[3][23] The sentencing guidelines produce a recommended range for the minimum, found on a grid from the person's prior record score and offense score.^[24]

The guidelines are advisory. In People v Lockridge (2015) the Michigan Supreme Court made the previously mandatory guidelines "advisory only," while requiring judges to "continue to consult the applicable guidelines range and take it into account when imposing a sentence" and to justify the sentence imposed.^[6] A court may depart from the range if the departure is reasonable and the court states its reasons on the record.^[25] A minimum sentence may not exceed two-thirds of the statutory maximum.^[25]

Jail, probation or prison?

The guidelines statute draws the line at 12 months: county jail for not more than 12 months, and the Department of Corrections for any sentence over 12 months.^[26] If the upper limit of the recommended minimum range is 18 months or less, the statute says the court shall impose an intermediate sanction unless it states on the record reasonable grounds to sentence the person to a county jail for not more than 12 months or to the Department of Corrections for a longer term.^[26] Since March 24, 2021, "intermediate sanction" has meant probation or any other lawful sanction "other than imprisonment in a county jail, state prison, or state reformatory."^[27] After Lockridge that provision, like the rest of the guidelines, is advisory.^[26][6]

Habitual-offender enhancement

Prior felony convictions can raise the maximum:^[23][28][29]

• With 1 prior felony, to not more than 1-1/2 times the longest term prescribed for a first conviction of the offense.^[23]
• With 2 or more prior felonies, to not more than twice the longest term.^[28]
• With 3 or more prior felonies, to life or a lesser term if the new felony is punishable by a maximum of 5 years or more.^[29]

One habitual-offender rule sets a floor, not a ceiling. For a person with 3 or more prior felonies, if the new felony is a "serious crime," a term that includes a violation of MCL 750.84, and 1 or more of the prior felonies is a "listed prior felony," the court shall sentence the person to imprisonment for not less than 25 years.^[30] The prosecutor seeks habitual-offender sentencing by filing a written notice within 21 days after the arraignment on the information.^[31]

The Court of Appeals held in People v Stricklin that a felony domestic assault sentence, already raised to a felony by prior domestic convictions, is also subject to habitual-offender enhancement.^[32] Crime classes, grids and enhancement are explained in Felony sentencing guidelines for domestic offenses.

Jail that comes later: probation violations

A sentence of probation leaves the original penalty in reserve. If a probation order is revoked, the court may sentence the probationer in the same manner and to the same penalty as it might have done if the probation order had never been made.^[7]

Michigan limits jail for most technical probation violations to short, graduated terms, but that subsection does not apply to a probationer who is on probation for a domestic violence violation of MCL 750.81 or 750.81a, an offense involving domestic violence, or stalking.^[33][34] Details are in Probation violations.

Time in jail before sentencing

A person arrested without a warrant for domestic assault is held until arraignment or until a judge or magistrate sets an interim bond, and arraignment must take place without unnecessary delay.^[35][36] That time in custody, before any finding of guilt, is a separate subject from the sentence; see How long are you held after a domestic violence arrest? and The arraignment.

What people get wrong

"A first offense means 93 days in jail." Ninety-three days is the most the statute allows, not a required term.^[1]

"Probation means no jail." A probation order can include county jail of up to 12 months, limited by the maximum for the offense.^[5]

"The guidelines decide a felony sentence." The guidelines range is advisory; the judge must consult it and justify the sentence imposed.^[6]

"Third-offense domestic violence is a 2-year felony." It is punishable by imprisonment for not more than 5 years, and habitual-offender status can raise that maximum.^[3][23][28]

For the full range of ways a case can end, including outcomes that involve no jail and no conviction, see Every way a domestic violence case can end. The money side of a sentence is in Fines, costs and fees.