DETROIT CRIMINAL LAW BLOG
- July 19, 2026
- Domestic Violence
The biggest differences between domestic assault and aggravated assault involve who the alleged victim is, the extent of the injuries, and the penalties that may apply. Learning those differences can help you better understand the charges against you and what to expect if you’re accused of either offense. Reach out to our Michigan assault defense attorney at the Law Office of John Freeman to find out more about your case.
What Exactly is Domestic Assault in Michigan?
Michigan’s domestic assault law, MCL 750.81, applies when the alleged assault or assault and battery involves certain family or household relationships. The statute includes a current or former spouse, a qualifying household or family member, or a current or former dating partner.
Unlike what many people assume, a domestic assault charge doesn’t always require a serious injury. In many cases, prosecutors focus on the alleged conduct and the relationships among the people involved rather than on the extent of the injuries. For instance, if an argument between you and the person you’re currently dating turns physical, the case may be charged as domestic assault even if no one was seriously hurt.
What Exactly is Aggravated Assault in Michigan?
Under MCL 750.81a, aggravated assault happens when someone assaults another person without using a weapon and causes a serious injury, but doesn’t intend to kill or cause great bodily harm. The focus is different from domestic assault; instead of the relationship between the people involved, aggravated assault centers on the seriousness of the alleged injuries. The people involved don’t have to be family members or dating partners.
For example, if two strangers get into a fight outside a business and one person suffers a broken jaw or another serious injury, prosecutors may pursue an aggravated assault charge.
Can You Be Charged With Both?
The answer depends on your particular situation. In some cases, prosecutors may pursue multiple assault-related charges arising from the same incident. Whether that happens depends on the facts, the parties’ relationship, the alleged injuries, and the specific statutes prosecutors believe apply.
How Do The Penalties for Aggravated Assault and Domestic Assault Compare?
The penalties vary depending on the offense and, in some cases, a person’s prior convictions.
Domestic Assault
- First offense: Up to 93 days in jail and a fine of up to $500
- Second offense: Up to 1 year in jail and a fine of up to $1,000
- Third or subsequent offense (felony): Up to 5 years in prison and a fine of up to $5,000
Aggravated Assault
- Up to one year in jail
- A fine of up to $1,000
What Happens After You’re Charged With Assault in Michigan?
After your arrest, you’ll typically attend an arraignment where you’ll be informed of the charges and any bond conditions. Depending on the allegations, the court may issue a no-contact order while your case is pending. Prosecutors will continue gathering evidence, and the case may be resolved through negotiations or proceed to trial.
Having legal representation early in the process is vital. Our assault defense lawyer in Michigan can safeguard your rights, challenge the prosecution’s evidence, negotiate when appropriate, and prepare your case for court if necessary.
Seek Legal Assistance From Our Assault Defense Attorney in Michigan
Domestic assault and aggravated assault may sound similar, but the facts behind each case and the legal consequences they carry can be very different. The relationship between the parties, the severity of the injuries, and the available evidence may all influence the outcome of your case. For your no-cost consultation, contact the Law Office of John Freeman at 248-519-2313 or online today.