Here is one of the most common questions I receive: "is Domestic Violence
a Misdemeanor or Felony?" Answer: in Michigan, it can be either.
Domestic Violence is also called "Domestic Assault." Here is
a no-nonsense test to figure out whether you're facing a
Domestic Violence
Felony or Domestic Violence Misdemeanor:
-
A
Domestic Violence Felony is punishable by up to 5 years in Prison and/or a fine of up to $5,000.
If you have been arraigned and the judge or magistrate spoke about "Prison"
rather than "Jail," you may be facing a Domestic Violence Felony.
-
If you are charged with a
Domestic Violence Felony, your next Court appearance after the Arraignment will be either a "Pre-Exam
Conference" or a "Preliminary Exam." Domestic Violence
Misdemeanors don't have these hearings; rather, the next Court date
is called a "Pretrial Conference" or just "Pretrial."
Check your Court paperwork for the Notice to Appear.
-
If you have never been charged with or convicted of any crime of Domestic
Violence before, you're probably facing a Misdemeanor, rather than
a Felony Domestic Violence. Under MCL 750.81(4) and MCL 750.81a(3), a
conviction for a Michigan
Domestic Violence Felony requires either:
-
- 2 or more prior Domestic Violence convictions and the new charge is NOT
Aggravated Domestic Violence; or
-
- 1 or more prior Domestic Violence convictions (including certain Felonies
that do not actually have the title "Domestic Violence") and
the new charge is for Aggravated Domestic Violence. (Aggravated Domestic
Violence is a Misdemeanor in Michigan, but the possible Jail time is increased
due to the alleged infliction of injury).
The true nature of the answer to "
is Domestic Violence a Misdemeanor or Felony?" is beyond the scope of this blog article. For example, if there
is an alleged injury involved, you may be charged with a Felony that does
not actually use the name "Domestic Violence," such as Assault
With Intent to do Great Bodily Harm Less Than Murder or others. If you
are facing a Domestic Violence Felony or Misdemeanor, call
The Law Office of Brian J. Prain, PLLC, your Michigan
Domestic Violence Defense
Lawyer anytime
at
(248) 731-4543. Chances are, we've already dealt with the unique issues in your Domestic
Violence case that are keeping you up at night with anxiety. Don't
feel like talking right now? Fill out the
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