Misdemeanor vs. Felony Charges in Michigan?

A misdemeanor in Michigan carries a jail sentence rather than a prison sentence. A felony carries more than one year in a state prison, and criminal defense strategy shifts substantially depending on which side of that line your charge falls.

Where Does Michigan Draw The Line?

The county operates jails and generally houses people serving sentences of one year or less. The Michigan Department of Corrections runs prisons, and a felony conviction can also result in the loss of firearm rights, licensing obstacles, and a permanent criminal record that appears on background checks.

How Michigan Sorts Misdemeanors

Michigan uses three tiers rather than a single flat label, and the tier you face determines both the ceiling and the courthouse. Fines vary widely by offense, so the figures reflect statutory maximums rather than typical sentences:

• Standard misdemeanors: Up to 93 days in jail and fines of up to $500, covering simple assault and battery, third-degree retail fraud, and first-offense operating while intoxicated.
• Serious or one-year misdemeanors: Up to one year in jail and fines reaching $1,000 or more, covering second-degree retail fraud and second-offense domestic violence.
• High court misdemeanors: Up to two years and fines reaching $2,000, covering offenses such as negligent homicide with a vehicle.

A high court misdemeanor is prosecuted in circuit court, alongside felonies, and carries a prison sentence rather than jail, which is why the label misleads nearly everyone who hears it. Plea negotiations often aim at moving a charge down one tier.

What Does A Felony Class Letter Mean?

Michigan assigns most felonies a class designation, and that classification determines which sentencing grid a judge uses. Second-degree murder stands in its own category.

The remaining felony classes range from the most serious to the least serious:

• Class A: Life or any term of years, covering armed robbery and kidnapping.
• Class B: Up to 20 years, covering first-degree home invasion and arson of a dwelling.
• Class C: Up to 15 years, covering unarmed robbery and voluntary manslaughter.
• Class D: Up to 10 years, covering assault with intent to do great bodily harm.
• Class E: Up to five years, covering the third offense operating while intoxicated.
• Classes F, G, and H: Four years, two years, and jail or an alternative sanction, covering felonious assault and fourth-degree fleeing and eluding.

The felony class determines the sentencing grid, but it does not always set the maximum penalty. Exceptions are common, and the statute defining the offense controls when the two differ, meaning charges within the same class can carry different maximum sentences.

Which Court Hears Your Case?

Michigan’s Code of Criminal Procedure treats a felony as an offense punishable by state imprisonment under MCL 761.1. Misdemeanors stay in the district court. In contrast, felonies originate there and bind over to the 30th Circuit Court for Ingham County.

Get a Straight Read From Spickard Law

Charge classification shapes every decision that follows, from bond to plea offers to trial exposure. Spickard Law handles misdemeanor and felony matters in the 54A, 54B, and 55th District Courts, as well as in the Ingham County Circuit Court, with trial-tested defense led by a retired United States Army Colonel. Call (517) 908-0818 or contact us online for a free consultation.