Assault charges range from a misdemeanor for a shove to a life felony. Many start with a heated argument, a misunderstanding, or one person’s account of events that another person sees very differently. Domestic violence cases add bond conditions that can keep you out of your own home before you’ve had your day in court.
Michigan assault charges and penalties
| Charge | Classification | Maximum penalty |
|---|---|---|
| Assault, or assault and battery | Misdemeanor | Up to 93 days in jail, up to $500 fine |
| Aggravated assault (serious injury, no weapon) | Misdemeanor | Up to 1 year in jail, up to $1,000 fine |
| Felonious assault (with a dangerous weapon) | Felony | Up to 4 years in prison, up to $2,000 fine |
| Assault with intent to do great bodily harm (AWIGBH), or by strangulation or suffocation | Felony | Up to 10 years, up to $5,000 fine |
| Assault with intent to commit murder | Felony | Up to life in prison |
| Resisting or obstructing a police officer | Felony | Up to 2 years (more if the officer is injured) |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
Domestic violence
Domestic violence is an assault against a spouse or former spouse, a dating partner, someone you have a child with, or a member of your household.
| Charge | Classification | Maximum penalty |
|---|---|---|
| Domestic violence, first offense | Misdemeanor | Up to 93 days in jail, up to $500 fine |
| Domestic violence, second offense | Misdemeanor | Up to 1 year in jail, up to $1,000 fine |
| Domestic violence, third offense | Felony | Up to 5 years in prison, up to $5,000 fine |
| Aggravated domestic violence (serious injury), first offense | Misdemeanor | Up to 1 year in jail, up to $1,000 fine |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
For many first-time domestic violence charges, Michigan allows a first-offender deferral: the case can be dismissed after successful probation. Bond conditions in these cases often include no contact with the alleged victim — even if you live together — so it’s important to act quickly to seek reasonable modifications.
Stalking and PPO violations
Stalking is a misdemeanor punishable by up to 1 year in jail; aggravated stalking — for example, stalking in violation of a court order or with a threat — is a felony punishable by up to 5 years. Violating a personal protection order (PPO) is punished as criminal contempt, with up to 93 days in jail and a $500 fine. We also help people contest and seek to terminate PPOs issued against them.
Common defenses
- Self-defense or defense of others.
- False or exaggerated accusations, which can arise from custody disputes, breakups or jealousy.
- Inconsistent statements and injuries that don’t match the story told.
- No intent for charges that require a specific intent, such as AWIGBH.
- Accident, or a lack of evidence that a weapon was used.
Frequently asked questions
The alleged victim doesn’t want to press charges. Will the case be dropped?
Not necessarily. In Michigan, the prosecutor — not the alleged victim — decides whether to bring and continue charges, especially in domestic violence cases. But an alleged victim’s wishes and testimony can significantly affect how a case is resolved.
Can a domestic violence charge affect my right to own a gun?
Yes. A domestic violence conviction, even a misdemeanor, generally triggers a federal ban on possessing firearms. Bond conditions and personal protection orders can also restrict firearms while a case is pending.
What if I was defending myself?
Michigan’s Self-Defense Act allows you to use force when you honestly and reasonably believe it is necessary to protect yourself or someone else, and you generally have no duty to retreat if you are somewhere you have a legal right to be. Self-defense is a complete defense, and once it’s raised, the prosecutor must disprove it beyond a reasonable doubt.