When someone is charged with a crime, one of the first questions they ask is whether the crime is considered a felony or a misdemeanor. This distinction can significantly impact a person’s life. While felony and misdemeanor crimes both involve breaking the law, they differ in terms of severity, potential penalties, and long-term consequences. Understanding the difference between a felony and a misdemeanor is critical for anyone facing criminal charges.
Like all states, Michigan categorizes crimes based on the severity of the offense and the punishment imposed. Michigan crimes are classified as felonies, misdemeanors, and high-court misdemeanors. Michigan recognizes two types of misdemeanor crimes: 1-year misdemeanors and 93-day misdemeanors.
Felony charges are reserved for the most serious criminal offenses, such as those that involve death or serious physical harm to the victim, stealing, embezzlement, damaging items valued at more than $500, drug crimes, and many white-collar crimes. Felony crimes are punishable by more than one year in prison, plus fines and court costs.
Michigan divides felony crimes into eight classes based on their severity, each with a predetermined maximum sentence. Because Michigan has abolished the death penalty, the maximum sentence for any crime in Michigan is life in prison.
| Classification | Punishment | Examples |
| Class A Felony | Life in prison | Murder, kidnapping, rape |
| Class B Felony | 20 years | Second-degree child abuse, second-degree assault, production of pornography |
| Class C Felony | 15 years | Manslaughter, robbery, second-degree sexual assault |
| Class D Felony | 10 years | Embezzlement of over $20,000, assault GBH, possession of methamphetamine |
| Class E Felony | 5 years | Forgery, embezzlement over $1,000, third offense OWI |
| Class F Felony | 4 years | Possession of less than 5kg of marijuana, failing to register as a sex offender, refusing to pay child support |
| Class G Felony | 2 years | Second-offense domestic assault, writing a bad check for over $500 |
| Class H Felony | Probation or electronic monitoring | Using a stolen state ID to commit a felony, false representation, unauthorized use of a credit card |
Misdemeanor charges generally involve violations of state or local laws that cause less damage to the victim than felonies. These criminal offenses are punishable by less than one year in jail, plus fines, probation, community service, and payment of restitution to the victim. Michigan recognizes two types of misdemeanor crimes: 1-year misdemeanors, and 93-day misdemeanors.
The 1-year misdemeanor category applies to criminal activity where the value of the items stolen, embezzled, or destroyed is between $200 and $1,000. A second-offense drunk driving charge also falls into this category. Someone convicted of a 1-year misdemeanor faces up to one year in prison and fines of up to $1,000 (or three times the value of the items stolen, whichever is greater), plus court costs.
As the name implies, a 93-day misdemeanor is punishable by up to 93 days in jail and a $500 fine (or three times the value of the items stolen, whichever is greater). A first-offense drunk driving charge, driving without a license, shoplifting, or stealing or destroying property valued at less than $200 are examples of 93-day misdemeanors.
Michigan also recognized high-court misdemeanors, which fall in between felonies and misdemeanors. These crimes are less severe than a felony, but carry a sentence longer than 1 year in prison. Examples of high-court misdemeanors include indecent exposure and negligent homicide.
Someone over 18 who is convicted of a misdemeanor or a felony will have a permanent criminal record, which could affect their employment opportunities, housing, loan eligibility, and other aspects of their life.
If you are charged with a crime, regardless of whether it is a felony or a misdemeanor, you should seek qualified legal counsel as quickly as possible.
Michigan defense attorney Robert Elmen can investigate the charges against you, provide valuable advice and legal guidance, and represent you in court hearings. He will build a compelling legal defense to protect your rights and minimize the severity of any punishment you may face.
Elmen Legal is located in Ann Arbor and defends people charged with crimes throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.
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