The penalties for Domestic Violence charges in Michigan can cause a person to end up in prison. If you have any other questions about the penalties for Domestic violence after watching the video, please call Shawn today at 616-438-6719.
Every Michigan Domestic Assault Penalty, In One Place
Here is the full ladder, with the statute that sets each one. Which rung you are standing on depends on your record, whether an injury is alleged, and whether a weapon or choking is alleged.
Domestic assault — first offense
Up to 93 days in jail and a $500 fine (MCL 750.81(2)). A misdemeanor. No injury has to be proved. Most first offenses resolve on probation, and a first-time offender may qualify for a dismissal under the MCL 769.4a deferral. More on first-offense domestic violence.
Domestic assault — second offense
Up to 1 year in jail and a $1,000 fine (MCL 750.81(4)). Still a misdemeanor, but the deferral is gone and the one-year maximum lengthens the wait for any future expungement. More on second-offense domestic violence.
Domestic assault — third or subsequent offense
Up to 5 years in prison and a $5,000 fine (MCL 750.81(5)). A felony, heard in circuit court, and subject to habitual offender enhancement on top. More on third-offense domestic violence.
Aggravated domestic assault
Up to 1 year and a $1,000 fine (MCL 750.81a(2)) where a serious or aggravated injury is inflicted without a weapon. With a qualifying prior, MCL 750.81a(3) makes it a felony carrying up to 5 years. More on aggravated domestic violence.
Assault with a dangerous weapon (felonious assault)
Up to 4 years in prison and a $2,000 fine (MCL 750.82). Michigan reads "weapon" broadly enough to include ordinary household objects used as one.
Assault by strangulation or suffocation
Up to 10 years in prison and a $5,000 fine (MCL 750.84). The statute defines strangulation or suffocation as intentionally impeding normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth. No lasting injury is required. More on assault by strangulation.
The Penalties That Are Not on the Sentence Sheet
In my experience the jail number is rarely what hurts a client most. These are:
- Firearms. A misdemeanor DV conviction means a lifetime federal ban under 18 U.S.C. § 922(g)(9) and, since February 13, 2024, an 8-year Michigan ban under MCL 750.224f. See gun rights after a DV conviction.
- Your record. Domestic violence is an assaultive offense, so it is excluded from automatic Clean Slate expungement — see DV expungement.
- Custody and parenting time. Domestic violence is a best-interest factor under MCL 722.23(k). See how DV affects divorce and custody.
- Housing, employment, and licensing. A DV conviction shows on background checks indefinitely unless it is set aside.
- Immigration. For a non-citizen, a domestic violence conviction can be a deportable offense. Get immigration-specific advice before any plea.
For the complete picture of how these charges work and how I defend them, start with my Grand Rapids domestic violence defense guide.
Frequently Asked Questions
What is the maximum penalty for domestic assault in Michigan?
It depends entirely on the charge. A first domestic assault carries up to 93 days (MCL 750.81(2)); a second up to 1 year (MCL 750.81(4)); a third up to 5 years in prison (MCL 750.81(5)). Aggravated domestic assault carries up to 1 year, or 5 years with a prior (MCL 750.81a). Assault by strangulation carries up to 10 years (MCL 750.84).
Is jail mandatory for domestic violence in Michigan?
No. Michigan does not impose a mandatory minimum jail sentence for domestic assault. Judges have discretion, and a large share of first offenses resolve with probation rather than incarceration — but probation carries its own conditions, and the conviction itself brings consequences that outlast any sentence.
What conditions come with domestic violence probation?
Typically a batterer intervention or domestic violence counseling program, a no-contact or limited-contact condition, substance abuse evaluation and treatment where alcohol was involved, regular reporting, and court costs and fees. Under MCL 771.2(10), someone on probation for domestic violence is not eligible for the early discharge at the halfway point that most probationers can request.
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.