Areas of Practice
Domestic violence assault or assault and battery is a crime committed against a spouse, former spouse, someone the offender is dating or has dated, someone with whom the offender has a child, or someone with whom the offender resides or has resided.
A person convicted of domestic violence assault or assault and battery faces the following possible penalties:
- for a first conviction, up to 93 days in jail, a fine up to $500, or both, or probation for up to two years, and restitution, or
- for a second conviction, up to one year in jail, a fine up to $1,000, or both, or probation for up to two years, and restitution.
If a defendant has two or more prior convictions for domestic assault or assault and battery, the new offense will be classified as a felony, punishable by up to two years in prison, a $5,000 fine, or both; or by probation up to five years; and restitution.
(Mich. Comp. Laws Ann. §§ 750.81, 771.2.)
Domestic violence cases may be dismissed pursuant to MCL 769.4a.
Aggravated domestic assault and battery
A person convicted of aggravated domestic assault and battery faces the following possible penalties: for a first conviction (no prior domestic assault or assault and battery convictions of any kind), up to one year in jail, a fine up to $1,000, or both; or probation for up to two years; and restitution.
If the defendant has a prior conviction for domestic assault or assault and battery of any kind, the charge will be classified as a felony and the court can sentence the defendant to up to two years in prison, a fine up to $5,000, or both; or probation for up to five years; and restitution.
(Mich. Comp. Laws Ann. §§ 750.81a, 771.2.)