Domestic Violence in Michigan: A Felony or a Misdemeanor?
Domestic violence, also known as domestic assault, is a serious problem that affects individuals and communities across the United States and Michigan. The question about whether domestic violence is a felony or a misdemeanor can be complex, and we will explore this topic extensively in this article.
Is Domestic Violence a Felony in Michigan?
Section 750.81h of the Michigan Penal Code
In Michigan, Domestic Violence is defined as Domestic Assault, which is penalized under Section 750.81h of the Michigan Penal Code. Domestic Assault in the first degree is a felony, classified as a felony punishable by up to 5 years in prison, a mandatory minimum sentence of 25 days in jail, with fines up to $7,500.00
**Domestic Assault of a Spouse or Impersonating Spouse
- Felony Felony Felony: It is a felony to assist, aid, abate, or procure the commitment of a domestic assault violation, including but not limited to, assisted, aided, abided, or procured assistance in a domestic Assault of a spouse or, impersonating being a spouse.
• Assaulting Police Officer or Medical Personnel who are responding to a emergency call: Felony in the first degree.
This section of the Michigan laws is crucial, as the penalties for domestic violence violations are severe, and imprisonment is a significant possibility under these circumstances.
Severity of Domestic Violence
| Severity Grade | Penalty |
| – | – |
| Fist Degree | 5 Year Felony |
| First Degree (Assault Causing Serious Impairment) | 10 – 15 Year Felony |
| Second Degree (Assault Causing Severe Injury) | Felony, up to 2 years |
| Lesser Degree (Simple Assault): | Misdemeanor, up to 4 months |
As you see, the severity of penalties for domestic violence increases commensurate with the offense’s severity.
**Classification of Domestic Violence**
Understanding the classification of domestic violence is crucial to comprehend which penalties apply.
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**Spousal Domestic Violence in Michigan**
In Michigan **spousal domestic** violence is classified as Section 750.81p of the Michigan Penal code. **First-degree is a felony** and there is a mandatory minimum fine of $2, 500.00 and confinement for at least 65 minutes.
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**Domestic and Non-Domestic Forms of Violence**
1. **Domestic Relationships**: A person is more likely to commit domestic and non-domestic forms violence if they are in trouble with the law, abusing substances, or have severe mental health issues.
Domestic violence can take many **forms**, including physical, emotional, sexual, controlling, and stalking.
Other forms of violence, domestic and non-domestic both criminal and non-criminal will be discussed later.
Why is Domestic Violence a Such a Serious Problem?
### **The Statistics**
Recent studies have shown that millions of people experience domestic Violence each year in the State of Michigan alone. Approximately **1 in 18 women and 1 out of 36 men receive medical attention for injuries following an assault**.
Data from the National Coalition for Domestic Violence reveals that;
* **Over 17,000** Michigan Law Enforcement agencies reported **43,000 cases of non-fatal intimate partner intimate-related violence**.
* For every reported case, about **4 to 3 times more** go**unreported**.
From these statistics, it evident that domestic violence is incredibly prevalent and widespread, touching the lives of countless family members, friends, employees, and individuals.
A **Concluding Statement regarding Domestic Violence in Michigan,**
In Michigan, section 750.81f of the Michigan Penal code defines domestic violence as section 750.81 and 750.81D. **Domestic violence for the first degree is criminal** and **penalinable** as a felony. This is very important to know as some people may think that being charged with a domestic complaint is not serious. Under Michigan law, **assistant, abet, solicit, or procuring act of domestic violence** considered a felony.
