Like many other states, Michigan makes acts of domestic violence criminal offenses. The two primary crimes of domestic violence are domestic assault and domestic assault and battery. The two terms are given identical legal treatment and are basically interchangeable. They are really just modifications of pre-existing assault/assault and battery offenses based on the victim being a spouse or in a dating relationship with the perpetrator.
Domestic assault/domestic assault and battery is a misdemeanor punishable by 93 days in jail and a $500 fine (The same as non-domestic assault/battery). If the victim suffers a severe or aggravated injury, then the penalty is bumped up to 1 year in jail and a $1000 fine.
However, if one is convicted of domestic assault/battery and has one of several enumerated domestic or non-domestic violence crimes; then the possible sentence will be enhanced to 1 year in jail and a $1000 fine. In the case of an otherwise non-domestic violence crime, the enhancement only applies if the victim was a spouse, dating partner, co-parent, or former household resident. The enumerated prior domestic violence crimes are as follows:
- Assault
- Assault and Battery
- Felonious Assault
- Assault with intent to commit murder, maim, or cause great bodily harm
- A conviction in another state that is substantially similar to any of the crimes listed above.
Keep in mind that none of these crimes are specifically “domestic violence crimes” aside from the relationship between the victim and perpetrator that makes this enhancement applicable. Even if a domestic violence event was charged with the standard assault/battery charge (rather than a Domestic assault/battery charge), it still counts.
If there are two or more of these prior charges, then the new domestic violence charge can be enhanced to two years in prison and a $2500 fine. For additional information, click here.
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