Stalking and Aggravated Stalking in Michigan

A plain-language look at Michigan stalking (a misdemeanor) and aggravated stalking (a felony): what the law means by stalking, the penalties, what makes it aggravated, the court path, probation terms, options, and what to gather and avoid.

What Michigan Law Means by Stalking

Michigan's stalking laws are MCL 750.411h (stalking) and MCL 750.411i (aggravated stalking). Stalking is a willful course of conduct involving repeated or continuing harassment that would make a reasonable person feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually makes the other person feel that way.

A few terms matter:

Course of conduct: two or more separate acts showing a continuity of purpose.
Unconsented contact: contact the other person did not agree to, or that continued after they asked for it to stop. Examples include following, showing up at a home or workplace, calling, texting, emailing, or leaving items on their property.
Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

Stalking: The Misdemeanor

Stalking under MCL 750.411h is a misdemeanor with up to 1 year in jail, a fine of up to $1,000, or both. The penalty is the same if the people involved are spouses, former spouses, dating partners, or household members, but that domestic version counts as a misdemeanor involving domestic violence under Michigan's firearm law, with an 8-year firearm and ammunition ban after the sentence is complete.

The court can order probation of up to 5 years. Probation can require you to stop all contact with the other person, avoid stalking anyone, and get a counseling evaluation and treatment at your own expense.

If the other person asked you to stop and the contact continued, the law presumes that the continued contact caused them to feel frightened or harassed. That presumption can be rebutted with evidence.

Aggravated Stalking: The Felony

Stalking becomes aggravated stalking under MCL 750.411i if any of these apply:

At least one act violated a restraining order you had actual notice of, or an injunction
At least one act violated a condition of probation, parole, pretrial release, or bond
The conduct included a credible threat to kill or injure the other person, a member of their family, or someone living in their household
You have a prior stalking or aggravated stalking conviction

Aggravated stalking is a felony with up to 5 years in prison, a fine of up to $10,000, or both. If probation is ordered, it must be at least 5 years and can be longer.

Because a bond violation can turn a stalking case into aggravated stalking, follow your bond conditions exactly. If a personal protection order is in place, violating it can also lead to immediate arrest and criminal contempt, with up to 93 days in jail and a fine of up to $500.

The Court Path

A misdemeanor stalking case stays in district court, where the arraignment covers the charge, the maximum sentence, your rights, and release terms. An aggravated stalking case is a felony and follows a different path.

A felony case starts in district court, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County), and then moves to circuit court:

Arraignment on the complaint: the court tells you the charge, explains your rights, sets bond, and sets the next two dates.
Probable cause conference: 7 to 14 days after the arraignment. The prosecutor and your lawyer can discuss a possible plea, bond, and other issues.
Preliminary examination: 5 to 7 days after the conference. The prosecutor must show probable cause that a felony was committed and that you committed it. Witnesses testify under oath and your lawyer can question them.
Bindover: if the judge finds probable cause, the case is "bound over" to circuit court. If not, the judge must dismiss the charge or reduce it to a non-felony.
Circuit court arraignment: within 14 days after bindover, unless the district court handles it as the court rules allow.

Some steps can be waived or rescheduled. Ask your lawyer before agreeing to waive anything.

Options That May Keep a Conviction Off Your Record

Depending on your age and history, the court may consider one of these options:

HYTA (the Holmes Youthful Trainee Act, MCL 762.11): if you were 18 through 25 years old when the offense happened, the court may place you on youthful trainee status after a guilty plea, without entering a conviction. If you were 21 or older, the prosecutor must also agree. If you complete the terms, the case is dismissed, it is not a conviction, and the record is closed to public inspection.
Delayed sentence (MCL 771.1): the court may delay sentencing for up to one year to give you a chance to show that you qualify for probation or other leniency. What happens at the end of the delay depends on the court and on any agreement in your case.

Whether any option is available depends on the charge, the prosecutor, the judge, and your record. Your lawyer can tell you whether it makes sense to ask.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your charging papers, your bond paperwork and a list of every condition, any personal protection order or other court order, your court notices, and complete message threads and call logs. Write your own timeline of contacts while your memory is fresh, and share it only with your lawyer.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
Do not contact the other person in any way, directly or through others, if any order or bond condition says no contact.
Do not go to their home, workplace, or places you know they will be.
Do not delete messages, call logs, or social media accounts.
Do not miss court. A missed date can lead to a bench warrant.

Stalking cases depend on a pattern of contact over time, and a single new contact can raise the charge to a felony. Stop all contact, follow every order exactly, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a stalking or aggravated stalking charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.