Charged with domestic violence in Kent County? Protect your case from the first call
A domestic violence arrest in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County usually starts with one phone call and one officer’s report. Michigan law allows a warrantless arrest for assault between people in a domestic relationship even when the officer did not see it happen, as long as there is reasonable cause to believe it did. MCL 764.15a. By the time you are booked, a version of events is already on paper, and it may not be yours.
The short answer. A first-offense domestic violence charge in Michigan is a misdemeanor with up to 93 days in jail and a fine of up to $500. The larger cost is often federal: a conviction can end your right to possess a firearm. A prior conviction raises the next charge to up to a year, and two priors make it a felony. Some first-time cases qualify for deferral under MCL 769.4a, which can end in dismissal. Read your release conditions before you contact anyone.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years, and I prepare every domestic violence case as if it will be tried. A prosecutor negotiates differently with a lawyer who has already pulled the 911 audio, the body camera footage and the medical records, and who is ready to cross-examine the complaining witness. Big-Firm Power. Street-Level Grit.
Michigan does not have one crime called domestic violence. The charge is assault, assault and battery, or aggravated assault, against someone in a protected relationship. This page covers the charge, the penalties, the consequences most people do not see coming, and how a defense is built. It goes deeper than my Grand Rapids criminal defense lawyer page. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.
What counts as domestic violence in Michigan
The domestic version of the charge applies when the person accused of the assault and the person who says it happened are in one of these relationships. MCL 750.81(2).
- Spouse or former spouse.
- Dating relationship. The statute defines it as frequent, intimate associations primarily characterized by the expectation of affectional involvement. A casual relationship or an ordinary social or business fraternization does not count. MCL 750.81(8)(a).
- A child in common. The two of you have had a child together, whether or not you were ever married or lived together.
- Household members. A current or former resident of your household.
Michigan courts define assault as either an attempt to commit a battery or an unlawful act that places another person in reasonable apprehension of receiving an immediate battery. People v. Starks, 473 Mich. 227, 234 (2005). That means a domestic assault charge can rest on a threat or a move toward someone, with no contact and no injury.
Michigan domestic violence penalties
These ranges come from the statute. The exact exposure depends on the facts, your record and the judge.
| Charge | Level | Maximum penalty | Statute |
|---|---|---|---|
| First offense | Misdemeanor | Up to 93 days in jail, a fine of up to $500, or both | MCL 750.81(2) |
| Assault on a person you know is pregnant | Misdemeanor | Same range as a first offense | MCL 750.81(3) |
| Second offense (one prior qualifying conviction) | Misdemeanor | Up to 1 year in jail, a fine of up to $1,000, or both | MCL 750.81(4) |
| Third offense (two or more priors) | Felony | Up to 5 years in prison, a fine of up to $5,000, or both | MCL 750.81(5) |
| Aggravated domestic assault | Misdemeanor | Up to 1 year in jail and a fine of up to $1,000 | MCL 750.81a(2) |
| Aggravated domestic assault with a prior qualifying conviction | Felony | Up to 5 years in prison and a fine of up to $5,000 | MCL 750.81a(3) |
Previous convictions that count include ones under this statute, under sections 81a, 82, 83, 84 and 86, under local ordinances, and under similar laws of other states. A case that was deferred under MCL 769.4a and dismissed also counts as a prior if you are charged again. More serious assaults, such as felonious assault under MCL 750.82 and assault with intent to do great bodily harm under MCL 750.84, are separate felonies with their own penalties.
Consequences beyond the sentence
Firearms. Federal law bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. 18 U.S.C. 922(g)(9). The Supreme Court has held that the force needed for this ban can be as slight as a common-law offensive touching, United States v. Castleman, 572 U.S. 157 (2014), and that reckless assaults can qualify, Voisine v. United States, 579 U.S. 686 (2016). For many people this is the largest cost of a plea that looks small on paper, including people who carry a firearm for work. Whether a particular Michigan conviction qualifies is a legal question I look at before any plea.
Release conditions. At arraignment the judge or magistrate may set conditions that are reasonably necessary to protect a named person. They can include a bar on buying or possessing a firearm and electronic monitoring. You must be told the conditions and warned that a violation can lead to arrest without a warrant, forfeited or revoked bail, new conditions and contempt. MCL 765.6b. Read the order, follow it exactly, and call me before you act if you are unsure what it allows.
Enhancement. Every conviction, and even a dismissed deferral, can raise the charge and the penalty if there is a later accusation. That is why a first charge deserves a real defense.
What happens after a domestic violence arrest
- Arrest and booking. Police may arrest without a warrant and without seeing the incident. MCL 764.15a.
- Arraignment and release. A judge or magistrate sets bond and any protective conditions. MCL 765.6b.
- Pretrial. I review the police report, the 911 audio, body camera footage, photographs, medical records and messages, and the prosecutor decides whether and how to proceed.
- Resolution. The case can end in dismissal, a plea, a deferral for an eligible first-time defendant, or a trial.
Evidence disappears quickly. Audio and video can be overwritten, and texts, call logs and social media posts can be deleted by accident or by someone else. Call early.
How I defend a domestic violence charge
The accusation itself. Many of these cases come down to one person’s word against another’s. I look at what was said on the 911 call, what the officer saw and wrote, the photographs, the medical records, the messages before and after, and any history of conflict, custody disputes or other motives to exaggerate. Inconsistent statements matter, and so does what is missing.
Self-defense. Once there is some evidence from which a jury could find self-defense, the prosecution must disprove it beyond a reasonable doubt. People v. Dupree, 486 Mich. 693, 712 (2010). I look at who started the physical contact, who was hurt and how, and what the physical evidence shows.
Statements without a witness. If the complaining witness does not testify, the prosecutor may try to use a 911 call or statements to officers. Whether those statements can come in depends on their primary purpose. Statements made to meet an ongoing emergency are treated differently from statements that describe past events for a later prosecution. Davis v. Washington, 547 U.S. 813 (2006); Crawford v. Washington, 541 U.S. 36 (2004).
Other acts. In a domestic violence prosecution, Michigan allows the prosecutor to offer evidence of your other acts of domestic violence for any purpose for which it is relevant, unless the court excludes it under MRE 403. Acts more than 10 years before the charged offense are generally excluded unless the court finds that admission is in the interest of justice, and the prosecutor must give notice at least 15 days before trial. MCL 768.27b. I fight this evidence early, because it can change the whole trial.
Deferral for some first-time cases
Michigan lets some first-time defendants avoid a conviction through deferral and probation without judgment. MCL 769.4a. It applies to a domestic relationship case under MCL 750.81 or 750.81a. To qualify you generally must have no previous conviction for an assaultive crime, you must plead guilty or be found guilty, and both you and the prosecutor must consent, with the prosecutor consulting the victim.
The court places you on probation. Conditions can include counseling and, in some cases, jail time served at times the court sets during the probation period. If you finish the terms, the court discharges you and dismisses the case. Three limits matter. You can use it only once. A new assaultive crime, a violation of a counseling order or a violation of a no-contact order requires the court to enter a finding of guilt. And a discharged case still counts as a prior if you are charged again under MCL 750.81(4), (5) or 750.81a(3). Whether this option makes sense for you is a decision we make together, after I review the evidence.
Where your Kent County domestic violence case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A misdemeanor domestic violence charge is heard in district court. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. A felony charge starts in district court with a probable cause hearing and, if the case is bound over, moves to the Kent County Circuit Court, the 17th Circuit.
Why people hire me as their Michigan domestic violence lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a conviction would mean for your job, your firearm rights and your family. I build the strongest case I can, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people charged with domestic violence in Kent County
Should I hire a lawyer for a first domestic violence charge in Michigan?
I think you should at least talk to one before your first court date. A first offense is a misdemeanor with up to 93 days in jail, but a conviction counts as a prior for later charges and can cost you the right to possess firearms under federal law. A lawyer can review the evidence and tell you where you stand before you say anything in court.
What are the penalties for domestic violence in Michigan?
A first offense is a misdemeanor with up to 93 days in jail, a fine of up to $500, or both. With one previous qualifying conviction the limit rises to 1 year and $1,000. With two or more it is a felony with up to 5 years in prison and a fine of up to $5,000. Aggravated domestic assault, which involves a serious or aggravated injury, has its own penalties.
Can I be charged with domestic violence if I never touched the person?
Yes. Michigan treats assault as either an attempt to commit a battery or an unlawful act that places another in reasonable apprehension of receiving an immediate battery, so a threat or a move toward someone can support the charge without contact or injury. Whether the act was unlawful, and whether the fear was reasonable, are often contested.
Can the person who called the police drop the charges?
Not on their own. The prosecutor decides whether to continue, and a complaining witness who recants or stops cooperating does not automatically end the case. It can change how strong the proof is, and I look closely at which statements the state can use without that testimony. Do not contact the person to talk about the case, especially if a court order is in place.
Can police arrest me if they did not see anything?
Yes. Michigan allows a warrantless arrest for assault between people in a domestic relationship even when the officer did not see it, if the officer has the required information and there is reasonable cause to believe it happened. The relationship can be a spouse, a dating partner, a co-parent or a current or former household member.
Will the court restrict my contact with the other person?
In many cases it will. At arraignment the judge or magistrate may set conditions reasonably necessary to protect a named person. You must be told the conditions and warned that a violation can mean arrest without a warrant, bail forfeiture or revocation, new conditions and contempt. Follow the order exactly, even if the other person contacts you first, and call me if you have a question about what it allows.
Will I lose my gun rights if I am convicted of domestic violence?
A conviction can cost you the right to possess firearms and ammunition under federal law, and courts have read the ban broadly. While the case is pending, the judge may also bar you from buying or possessing a firearm as a release condition. Whether a particular conviction qualifies is a legal question I look at before any plea.
Can I avoid a conviction on a first offense?
Sometimes. Michigan allows deferral and probation without judgment for some first-time domestic assault defendants. You generally need no previous conviction for an assaultive crime, a guilty plea or finding of guilt, and the consent of the prosecutor, who must consult the victim. If you complete probation, the case is dismissed. You can use it only once, and it still counts as a prior if you are charged again.
What is aggravated domestic assault?
It is assault without a weapon that causes a serious or aggravated injury to a spouse, dating partner, co-parent or household member. It is a misdemeanor with up to 1 year in jail and a fine of up to $1,000, and it becomes a felony with up to 5 years in prison if you have a previous qualifying conviction.
When does domestic violence become a felony?
A domestic assault under MCL 750.81 becomes a felony after two or more previous qualifying convictions. An aggravated domestic assault becomes a felony with a previous qualifying conviction. Separate assault crimes, such as felonious assault and assault with intent to do great bodily harm, are felonies on their own.
Can the prosecutor use past incidents against me?
Possibly. In a domestic violence case the prosecutor may offer evidence of your other acts of domestic violence for any purpose for which it is relevant, unless the court excludes it under MRE 403. Acts more than 10 years old are generally excluded unless the interest of justice requires admission, and the prosecutor must give notice at least 15 days before trial.
What if I acted in self-defense?
Self-defense is a defense to an assault charge. Once there is some evidence of it, the prosecution must disprove it beyond a reasonable doubt. The details matter, including who started the contact, what injuries each person had and what the physical evidence shows, so tell me everything at the consultation.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If alcohol or drugs were involved in a driving case, see my Grand Rapids OWI lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page. My practice also covers civil and business disputes, including civil litigation and business litigation.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Charged with domestic violence in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.