Michigan’s criminal justice system divides offenses into clear categories, and each one comes with different consequences. Some are minor, with limited penalties. Others carry long prison terms and leave a lasting mark on your life. Knowing the differences between misdemeanors and felonies in Michigan matters—especially if you or someone close to you has been charged with a crime.
These classifications affect everything from your right to a trial, to how the court handles your case, to what your future looks like after a conviction. The consequences can touch every part of your life—your job, where you live, even your ability to vote or carry a firearm.
If you’re reading this, there’s a good chance you’re feeling worried about what’s next. You might be searching for answers after a recent arrest, or maybe you’re trying to help a loved one through a difficult time. Either way, speaking with a criminal defense lawyer in Michigan can help you move forward with more clarity and support. A confidential consultation can be the first step in building a strong defense and protecting your future.
Classification of Crimes in Michigan
Michigan classifies criminal offenses into three main categories: civil infractions, misdemeanors, and felonies. Civil infractions are the least serious and don’t result in jail time—think traffic tickets or municipal code violations. Misdemeanors come next, followed by felonies, which carry the most severe penalties.
The primary difference between a misdemeanor and a felony in Michigan is the maximum possible punishment. Misdemeanors are punishable by less than one year in jail, while felonies are punishable by more than one year, often in state prison. The court that hears the case also depends on the classification.
Each type of crime triggers different procedures, penalties, and long-term consequences. Below, we’ll break down the key differences and what you should know if you’re dealing with either type of charge.
Misdemeanors in Michigan
Misdemeanors are criminal offenses punishable by jail time of less than one year. These cases typically begin and end in district court. Although misdemeanors carry less severe penalties than felonies, they still come with serious consequences, including a criminal record, fines, and other restrictions.
Types of Misdemeanors
Michigan law recognizes three primary misdemeanor categories:
93-Day Misdemeanors
These are the least serious criminal offenses punishable by up to 93 days in jail and a maximum fine of $500. Common examples include:
- Disorderly conduct
- First-offense shoplifting (retail fraud, third degree)
- Driving with a suspended license (first offense)
1-Year Misdemeanors
Punishable by up to one year in jail and fines up to $1,000. These offenses often involve more serious behavior or repeat offenses:
- Second-offense domestic violence
- Operating while intoxicated (OWI) first offense
- Assault and battery
High Court Misdemeanors (2-Year)
High court misdemeanors are technically considered misdemeanors but carry a potential sentence of up to two years in prison. They are treated procedurally like felonies and are handled in circuit court. Examples include:
- Indecent exposure (aggravated)
- Resisting or obstructing a police officer
- Certain firearms offenses
Penalties and Sentencing
Besides jail time and fines, misdemeanor convictions may also include probation, mandatory counseling, community service, and restitution. In cities like Grand Rapids, Lansing, and Dearborn, judges often rely on probation sentences for first-time offenders. However, a misdemeanor record can still affect job opportunities and housing.
Felonies in Michigan
Felony offenses carry more severe penalties than misdemeanors and often involve greater harm or threat to the public. A felony conviction typically results in a sentence longer than one year, served in state prison rather than a local jail.
Felony Classifications
Michigan organizes felonies into classes from A to H, based on the severity of the offense and the length of the potential sentence:
- Class A: Up to life in prison (e.g., murder, first-degree criminal sexual conduct)
- Class B: Up to 20 years (e.g., second-degree criminal sexual conduct)
- Class C: Up to 15 years (e.g., robbery, manslaughter)
- Class D: Up to 10 years (e.g., embezzlement over $100,000)
- Class E: Up to 5 years (e.g., third-degree fleeing and eluding)
- Class F: Up to 4 years (e.g., larceny over $1,000)
- Class G: Up to 2 years (e.g., false report of a misdemeanor)
- Class H: Jail or alternative sentence such as electronic monitoring
Sentencing Considerations
Michigan uses sentencing guidelines that factor in both the severity of the offense and the person’s prior record. Judges follow these guidelines but can depart under certain circumstances. In Wayne County, for example, habitual offenders may receive longer sentences if they have prior felony convictions.
Common Felony Examples
- Drug trafficking
- Criminal sexual conduct
- Armed robbery
- Homicide
- Felony OWI (third offense)
Federal Charges
Some crimes cross over into federal jurisdiction—especially those involving interstate activity or federal property. These include drug trafficking across state lines, bank fraud, and crimes committed on military bases.
Key Procedural Differences
Misdemeanor and felony charges in Michigan don’t just differ in severity—they follow different rules and court procedures. The process a defendant goes through, from arrest to trial, depends heavily on the classification of the offense. These differences affect everything from where the case is heard to the types of hearings involved and how long prosecutors have to bring charges.
Court Jurisdiction Differences
Misdemeanor cases are handled in district courts, which serve local communities like Ann Arbor, Westland, or Battle Creek. These courts oversee all stages of misdemeanor proceedings, including arraignment, pretrial hearings, and trial.
Felony cases start in district court for initial proceedings but move to circuit court after the preliminary examination. Circuit courts—like those in Wayne, Oakland, or Kent counties—have broader authority to impose longer sentences and hear more serious criminal cases.
Preliminary Examination Requirements
People charged with felonies in Michigan have the right to a preliminary examination, often called a “probable cause hearing.” During this hearing, a district court judge reviews the evidence and decides whether the case should proceed to circuit court for trial. If the judge finds enough evidence, the case is “bound over” to circuit court.
Misdemeanor cases don’t involve a preliminary exam. They move directly from arraignment to pretrial or trial unless resolved through a plea agreement.
Jury Trial Rights
Both felony and misdemeanor defendants have the right to a trial by jury. The size of the jury differs depending on the charge.
- Misdemeanor trials involve a jury of six people.
- Felony trials involve a jury of twelve.
In both cases, a unanimous verdict is required to convict or acquit the defendant.
Statute of Limitations Differences
The statute of limitations sets the time limit for prosecutors to bring charges. For many misdemeanors in Michigan, this period is six years from the date of the alleged offense. Some low-level offenses may have even shorter deadlines.
Felony charges usually carry longer limitation periods, and for the most serious offenses—such as murder or first-degree criminal sexual conduct—no time limit applies. Prosecutors can file these charges at any point, no matter how much time has passed.
Bail and Pretrial Release Considerations
Judges in misdemeanor cases often set lower bail amounts, and many misdemeanor defendants are released on personal recognizance, meaning they don’t have to post money to stay out of jail while the case proceeds.
Felony charges may result in higher bail amounts or additional conditions, especially if the offense involved violence or repeat offenses. In counties like Genesee or Macomb, judges sometimes order electronic monitoring, travel restrictions, or drug testing as part of pretrial release for felony cases.
Collateral Consequences
A criminal conviction in Michigan doesn’t just lead to jail time or fines—it can carry long-term consequences that reach into nearly every part of a person’s life. Whether the conviction is for a misdemeanor or a felony, the impact can extend far beyond the courtroom. These effects may limit personal freedoms, professional opportunities, and civil rights long after a sentence is complete.
Impact on Voting Rights
People convicted of a felony lose the right to vote while serving their prison sentence. Once released—even if still on parole—voting rights are automatically restored. Misdemeanor convictions don’t affect voting eligibility at all. In cities like Lansing or Saginaw, people with past convictions often don’t realize they’re still eligible to vote once out of custody.
Employment Implications
Employers throughout Michigan often conduct background checks before making hiring decisions. A conviction can appear in those records and influence whether someone receives a job offer. Felony records tend to carry more weight with hiring managers, especially for roles that involve trust, safety, or handling money. Even a misdemeanor might disqualify someone from certain government or private sector jobs, particularly in healthcare, education, or finance.
Housing Restrictions
Private landlords commonly screen applicants using criminal history reports. In competitive rental markets like Ann Arbor or Grand Rapids, a conviction—especially a felony—can lead to denials. Public housing authorities may also impose restrictions on those with certain types of convictions, including drug or violent offenses.
Professional Licensing Issues
Many jobs in Michigan require a state-issued license, such as nursing, cosmetology, real estate, or social work. Licensing boards review applicants’ criminal histories and may deny or revoke a license based on the nature of the conviction. A felony record, or even some misdemeanors, can create roadblocks to entering or staying in a licensed profession.
Immigration Consequences
For non-citizens, a criminal conviction can lead to removal from the U.S., denial of reentry, or ineligibility for green cards and naturalization. Convictions involving moral turpitude, drugs, or domestic violence trigger particularly serious immigration consequences. Even a single misdemeanor offense may carry immigration risks, depending on how it’s classified under federal law.
Firearm Possession Rights
Michigan law prohibits anyone convicted of a felony from owning or possessing firearms. This restriction typically lasts for five years after completing all terms of a sentence, including probation or parole. Some offenses, such as felony firearm or crimes involving force, extend this waiting period or permanently bar possession. Certain misdemeanor convictions involving domestic violence also trigger a federal firearm ban.
Potential for Record Clearing
Michigan recently expanded its expungement laws, giving more people a chance to clear their records and move forward.
Misdemeanor Expungement
Most misdemeanors can be expunged under Michigan’s Clean Slate laws. You can set aside up to 3 misdemeanor convictions, provided certain conditions are met.
Felony Expungement
Up to 2 felony convictions may be expunged—depending on the offense type and waiting period. Violent felonies and some sex crimes aren’t eligible.
Recent Changes
Currently, many expungements now happen automatically. Eligible misdemeanor offenses drop off after 7 years, and felonies after 10 years—if no further convictions occur.
Eligibility Requirements
Expungement usually requires:
- No pending charges
- Completion of sentence, probation, or parole
- No more than the allowed number of convictions
Defense Strategies and Considerations
Defending against a criminal charge in Michigan takes careful planning and strong legal representation. The right defense strategy depends on the specific charge, the available evidence, and whether it’s a first-time offense.
Legal Representation
A defense lawyer protects your rights, challenges weak evidence, and works to improve the outcome of your case. That could mean a dismissal, reduced charges, or a better sentence.
Plea Bargains
In many cases, a felony can be reduced to a misdemeanor through a plea agreement. This approach can lessen jail time and reduce long-term consequences.
Diversionary Programs
Michigan courts offer alternatives like:
- Sobriety courts
- Mental health diversion
- Youthful trainee status (HYTA)
These programs often result in no conviction if successfully completed.
First-Time Offenders
Judges often consider a person’s clean record when deciding on sentencing. In cities like Kalamazoo or Traverse City, first-time offenders may qualify for leniency or alternative sentencing.
Contact Our Skilled Michigan Criminal Defense Lawyers Today
Misdemeanors and felonies in Michigan differ in how they’re classified, prosecuted, and punished. Misdemeanors may involve less serious conduct, but they still carry lasting consequences. Felonies come with more severe penalties and longer-term restrictions. The legal system treats each differently—and your defense should reflect that.
If you or a loved one has been charged with a crime in Michigan, the clock is already ticking. Acting quickly can help protect your record, your freedom, and your future.
At Friedman Law Firm, we stand with clients through every step of the criminal process. Whether you’ve been charged with a misdemeanor in Sterling Heights or a felony in Detroit, we’re ready to take your side and work toward the best possible outcome. Don’t try to sort through this alone.
Call Friedman Law Firm today at (248) 932-0900 for a free and confidential consultation. Let us help you move forward.