Is a Domestic Violence Charge a Felony in Michigan? What to Expect

Being charged with domestic violence is no joke, and you need to understand what you’re facing. Whether this is your first arrest or you have a prior criminal record, you are likely wondering whether this domestic violence is a felony charge. Michigan’s laws are complex, so before we can answer this question, we must first discuss the categories of domestic violence.

Additionally, this article will provide you with crucial information regarding what constitutes misdemeanor or felony charges, the possible penalties you could be facing, what to expect if you are a first-time offender, your options for having a domestic violence charge expunged from your record, and how a Michigan domestic violence attorney can help your case.

Is Domestic Violence a Felony Charge in Michigan?

If you’re charged with domestic violence in Michigan, you can be charged with either a misdemeanor or a felony. There is no numerical degree of domestic violence in the state of Michigan.

A domestic violence charge can be broken down into two categories: domestic assault and aggravated domestic assault. Each has its own penalties, depending on the nature of the offense and how many times you’ve committed the offense. Furthermore, a misdemeanor domestic assault charge can be elevated to a felony in certain circumstances.

What Are Domestic Assault and Aggravated Domestic Assault?

Michigan law, under MCL § 400.1501, states that domestic violence is an assault or aggravated domestic assault against a current or former spouse, a person with whom you have a child in common, a person who is living or has lived in the same household with you, or someone with whom you’ve had a dating relationship. MCL 750.81 criminalizes this behavior.

Domestic Assault

Domestic assault can be charged as a misdemeanor or a felony in Michigan. You can be charged with domestic assault even if the victim is uninjured. Your first two offenses will be charged as misdemeanors and the third as a felony as follows:

You will be charged with a misdemeanor for your first domestic assault offense. This is punishable by up to 93 days in jail and/or a fine of up to $500.
A second domestic assault offense is still a misdemeanor, punishable by up to one year in jail and/or a fine up to $1,000.
You’re looking at a felony if you are charged with a third offense, punishable by up to five years in prison and/or a fine of up to $2,500.

Sentencing could also include two years of court-ordered probation (or five years for a felony conviction), anger counseling, or community service if you are convicted of criminal domestic assault. All misdemeanor domestic assault cases remain in the district court. If your charges are elevated to a felony, your case will be heard first in district court and then in the circuit court system. Whether your case is in the district or circuit court, it will be heard in the county of the assault incident.

Aggravated Domestic Assault

Aggravated domestic assault means that the victim sustained serious injuries requiring immediate medical care. Not all aggravated domestic assault charges will result in a felony for the first offense; you could still be charged with a misdemeanor for a first offense.

A first-offense misdemeanor aggravated domestic assault charge can land you in jail for up to one year or with a $1,000 fine, or both.
A second aggravated domestic assault charge is a felony, punishable by up to five years in prison.

Additionally, prosecutors can ask for a felony charge for a first offense if:

You’re charged with assault with a dangerous weapon (where you can expect up to four years in prison)
Assault with intent to do great bodily harm (where you can expect up to 10 years in prison)
Assault by strangulation or suffocation (where you can expect up to 10 years in prison)

As with a domestic assault charge, aggravated domestic assault for a misdemeanor charge will be heard in the district court, while felony charges will be answered in the circuit court, both in the county in which the aggravated offense occurred.

It is important to note that:

An aggravated domestic assault charge needs only one prior charge to elevate it to a felony.
Felony domestic violence charges can get you five years’ probation, depending on the seriousness and mitigating circumstances of the crime.
Even if an alleged victim rescinds their complaint against you, in the state of Michigan, you can still be charged. We find that many prosecutors don’t care too much about a victim’s willingness to go forward. Certain laws allow them to proceed without a victim.

If You’ve Been Charged with Misdemeanor Domestic Assault for the First Time

If you are a first-time domestic violence offender (or if this is a subsequent charge), know that you have the right to an attorney at all court proceedings, including your arraignment, either by retaining your own criminal defense attorney or by having the court appoint one for you if you cannot afford one. You can waive this right if you so choose, either in writing or on the record.

The First-Time Plea Bargain Agreement

Michigan’s “first-time offender plea bargain” provides that you plead guilty to a domestic assault charge (MCL § 769.4a). This requires the consent of both the prosecutor and you, the defendant. MCL § 769.4a (here on referred to simply as “769.4a”) is a special probationary period that keeps you from getting a criminal record.

This special probationary period is meant for people “convicted” with either simple or aggravated assault against your spouse or former spouse, the mother or father of your child(ren), someone you’re dating, or someone you have cohabitated with. I put convicted in quotation marks because if you get 769.4a, you actually aren’t convicted of a crime. The judge will not “enter a judgment of guilt” and will “defer further proceedings and place [you] on probation.” At this point, your file becomes private to almost anybody who wants to snoop. Basically, only the government and you can see your file.

If you get through probation without any problems, the judge has no choice but to discharge you from probation and dismiss your case. There is no “adjudication of guilt,” and you are not convicted of a crime. If this is you, congrats!

But what happens if you don’t succeed? Well, if you commit some kind of assaultive crime while you’re on probation, you don’t go to court-ordered counseling, or you violate a no-contact order with the victim in your case, then the judge has no choice but to “enter an adjudication of guilt.” If you violate probation in some other way—say by drinking alcohol—then the judge has some leeway in how to handle your case. He could make you guilty of the crime, or he could give you another chance on probation. His choice.

So what does 769.4a probation look like? Well, it will be pretty much the same thing as regular probation, which we’ll talk about later. One big feature of 769.4a probation, though, is the fact that the judge will usually order you to go to some sort of relationship counseling, anger management, or decision-making class. If drugs or alcohol are involved (as they often are in these cases), you could either be ordered to drug court or substance abuse counseling. But other than that, it’s pretty standard probation.

The big exception, though, is the chance at a clean record. This is really important when it comes to domestic assault. Even though it’s a pretty low-level misdemeanor, a conviction for domestic assault can be truly life-altering (unlike, say, a disorderly conduct conviction). You will lose your federal gun rights, which in turn means you can’t get a CPL. It looks terrible to employers. If you need a special license for your job, a domestic might get in the way of you getting that license (or you might lose your license). We’ll talk more about all that stuff in the section on collateral consequences, but suffice it to say that a domestic-assault conviction is bad. If you’re guilty of domestic assault and have a chance at 769.4a, you usually ought to take it.

Your Arraignment and Your Bond

It is your constitutional right to have an attorney present at all proceedings, including at your arraignment. Michigan courts are required to advise you of your right to retain counsel or to have counsel appointed to your case at public expense.
The judge at your arraignment will advise you of what charges you are facing and what the maximum penalties are for the complaint filed against you. At your arraignment, you will also be advised regarding your bond. Your bond is a fee paid that promises you will return to court if released on bond and face whatever charges have been filed against you. If you make bond, there will be conditions to your release. These conditions may include, but are not limited to:

No contact with the person you allegedly assaulted
No firearm possession—if you are licensed for firearms, you will have to find someone to hold them for you while on bond
No alcohol or drugs—the judge may order random drug testing for the time you are released on bond

How Long Does a Domestic Violence Charge Remain on My Record?

There is a six-year statute of limitations regarding a domestic violence charge in Michigan, but you can still be indicted within 10 years if your offense is against a minor. If your domestic violence charge is a first offense, you may be able to keep it off your record. However, if you already have a domestic violence conviction on your record, here is what you need to know:

Expungement of Your Misdemeanor or Felony Domestic Violence Charges or Convictions

As of December 22, 2022, the State of Michigan will automatically expunge eligible felonies and misdemeanors after a specified time has passed under the Clean Slate law; however, assaultive crimes will not be automatically expunged. You will have to apply to expunge domestic violence crimes from your record. No more than two assaultive crimes can be expunged, and a felony domestic violence conviction cannot come off your record if you were convicted of a misdemeanor domestic violence charge prior to the felony.

The current waiting period, if you remain conviction-free, is:

3 years for misdemeanors
5 years for serious misdemeanors, or for one felony
7 years for multiple felonies

You cannot apply for expungement until the time period has elapsed, starting from the day the court no longer had jurisdiction over you. If you have any intervening criminal convictions, that can set you back in your expungement efforts. And if you have any charges pending, you can’t get that expungement. If denied, you must wait three years to reapply.

A Michigan Domestic Violence Attorney Is Your Best Asset

If you have been charged with domestic violence, no matter if this is the first time or a subsequent charge, a Michigan domestic violence lawyer can strengthen your defense. A conviction can result in serious consequences outside of sentencing and fines, such as child custody issues, loss of gun rights, and loss of voting rights, to name a few. A skilled attorney can fight to have your domestic violence charges reduced or even dropped. Contact our office today for a free and confidential case review, and let us show you how we can help.

769.4a is a special probationary period that keeps you from getting a criminal record.