Michigan Misdemeanor Lawyer

What Is a Misdemeanor?

A misdemeanor is a type of criminal offense that is less serious than a felony, but still punishable under Michigan law. Misdemeanors often can result in penalties of up to one year in county jail, fines, probation, and other conditions as ordered by the court. While these crimes are not as severe as felonies, they can still carry weight and come with severe penalties. Misdemeanors will generally carry maximum penalties of up to 30 days, 60 days, 93 days, or 1 year in jail. This does not mean that this is the penalty that you will get if convicted. Rather, these are the maximum possible penalty anyone could receive if convicted. “High-court misdemeanors” are misdemeanors with up to a two-year prison sentence, and they are treated like felonies in terms of court procedure.

There are enhanced penalties for certain misdemeanors if the person is a repeat offender or if certain aggravating factors are present, such as having a minor as a victim, the offense occurring within a certain distance from a school or park, or the use or display of a weapon. Offense-specific statutes can be found throughout the Michigan Penal Code.

Common Misdemeanors

Misdemeanors cover a wide range of offenses. Some are considered to be relatively minor infractions, while others are more serious but still remain under the threshold of a felony. Some common misdemeanors include:

• Operating while intoxicated (OWI). A first-offense or second-offense OWI is considered to be a misdemeanor if it does not result in serious injury or death. A third-offense OWI is a felony instead of a misdemeanor.
• Shoplifting. Depending on the monetary value of the merchandise, shoplifting can be considered a misdemeanor. Shoplifting is a common offense charged in Michigan, totaling around 23,603 retail fraud theft cases in a given year.
• Simple assault. This is often a misdemeanor if it is a first offense and/or did not result in serious bodily harm.
• Drug possession. Not all drug possession charges are misdemeanors. However, it may be considered a misdemeanor if it involves a small amount of a less dangerous drug, such as a prescription medication.
• Disorderly conduct or disturbing the peace. This includes fighting, public intoxication, or any other behavior that causes a public disturbance.
• Driving with a suspended license. Operating a motor vehicle with a suspended license is considered a misdemeanor, although it may be elevated to a felony if serious injury or death occurs.
• Domestic violence. In Michigan, domestic violence can be either a misdemeanor or felony depending on the severity and whether the person has prior convictions for domestic violence.

Although the penalty for misdemeanors is less than for felonies, jail time, fines, and a criminal record can still be a reality upon conviction. Therefore, it is critical that you speak with an experienced Michigan misdemeanor attorney familiar with the Michigan’s misdemeanor laws if you are facing charges.