Misdemeanor vs. Felony: Understanding the Difference Under Michigan Criminal Law

In Michigan, the difference between a misdemeanor and a felony comes down to one year. A misdemeanor is a criminal offense punishable by one year or less, served in a county jail. A felony is any crime punishable by more than one year, served in a state prison facility. Both are criminal convictions that create a permanent record, but they differ in the court that handles the case, the procedural rights available to the defendant, the sentencing framework that applies, and the collateral consequences that follow. Michigan also recognizes civil infractions, which carry fines but no criminal record, and high court misdemeanors, which carry up to two years and function as felonies in virtually every practical respect despite their label. Common misdemeanors that working-class citizens encounter include OWI-DUI convictions, hit and run, and reckless driving.

What Is a Misdemeanor in Michigan?
What Is a Felony in Michigan?
Misdemeanor vs. Felony: Key Differences
Punishments for Misdemeanors
Punishments for Felonies
How a Conviction Affects Your Life
Common Examples of Misdemeanors and Felonies
Can a Conviction Be Expunged?
Frequently Asked Questions

What Is a Misdemeanor? Definition & Overview

A misdemeanor is a criminal offense that is less serious than a felony but more serious than a civil infraction. While the word "misdemeanor" might sound minor, it is still a crime under Michigan law, and a conviction becomes a permanent part of your criminal record.

At its core, a misdemeanor in Michigan is a crime punishable by one year or less of incarceration in a county jail. That one-year threshold is what separates a misdemeanor from a felony as a matter of law, and it determines which court has jurisdiction, where any sentence is served, and what procedural rights apply. Most misdemeanor statutes specify the applicable punishment directly.

Because a misdemeanor is a criminal offense, a person charged with a misdemeanor in Michigan is entitled to the full protections of the criminal justice system. Under Article I, Section 20 of the Michigan Constitution, every person charged with a criminal offense has the right to a speedy and public trial by an impartial jury, a guarantee that applies to misdemeanor cases and not only to felonies. Under the Sixth Amendment, as interpreted in Argersinger v. Hamlin, 407 U.S. 25 (1972), no person may be sentenced to jail for any offense, including a misdemeanor, unless they had the right to counsel at trial.

A misdemeanor conviction can also have consequences that extend well beyond the offense itself by altering how any future criminal charge is treated. Michigan law treats prior convictions as sentence enhancement factors, and a prior misdemeanor conviction can be the foundation for elevating a later offense to a felony charge.

For example, a first-offense OWI is a 93-day misdemeanor. A second offense within seven years is a one-year misdemeanor. A third offense in a lifetime is a felony under Heidi's Law carrying up to five years in state prison.

Common examples of misdemeanor offenses in Michigan include a first-offense operating while intoxicated (OWI), driving with a suspended license, and failure to possess a valid driver's license or vehicle registration. These are not traffic infractions. They are criminal offenses that can be prosecuted, result in a jail sentence, and remain on your record.

Is a Misdemeanor a Criminal Offense in Michigan?

Yes. In Michigan, a misdemeanor is a criminal offense. A conviction is entered on your criminal record and is visible in background checks conducted by employers, landlords, licensing boards, and law enforcement. This distinguishes a misdemeanor from a civil infraction, which carries no criminal record consequences. Because the consequences of even a misdemeanor conviction extend well beyond any fine or jail sentence imposed at sentencing, the decision to fight a misdemeanor charge deserves the same attention as any other criminal matter.

Misdemeanor vs Infraction: What’s the Difference?

Not every traffic offense is a criminal charge. Michigan recognizes civil infractions for minor violations such as speeding, running a red light, or failing to signal. A civil infraction carries a fine and may add points to your driving record, but it does not result in a criminal conviction and does not appear on your criminal record. That distinction matters enormously, because a misdemeanor conviction follows you in ways an infraction never will.

The line between an infraction and a misdemeanor is not always obvious to someone without a legal background. In Michigan, operating a vehicle while intoxicated is a misdemeanor. Driving five miles per hour over the speed limit is an infraction. Both involve a traffic stop and a citation, but only one is a crime. Similarly, certain offenses that might appear routine, such as failure to possess a valid driver's license or vehicle registration, are misdemeanors under Michigan law, not civil infractions. A person who treats those charges as if they were speeding tickets and simply pays the fine is, in effect, pleading guilty to a criminal offense and accepting a permanent criminal record.

Many states (including Michigan) have "infractions," pertaining to minor traffic violations like speeding. Other states, like Georgia, Alabama, Florida, and South Carolina do not use infractions, and make all crimes either misdemeanors or felonies.

What is a Felony in Michigan?

A felony is the most serious category of criminal offense under Michigan law. By definition, a felony is any crime punishable by more than one year of imprisonment in a state prison facility, up to and including a sentence of life in prison. That threshold is what separates a felony from a misdemeanor in practical terms, because any sentence exceeding one year must be served in a Michigan Department of Corrections facility rather than a county jail. The consequences of a felony conviction extend well beyond the sentence itself, including the potential permanent loss of firearm rights, serious barriers to professional licensing, and a record that follows a person for life.

Michigan also recognizes a third category that sits between a standard misdemeanor and a true felony, known as a high court misdemeanor. These offenses are generally considered less serious than a felony, but they carry a maximum sentence of up to two years, which means the sentence is served in state prison rather than a county jail. Indecent exposure and negligent homicide are examples of high court misdemeanors. In virtually every practical sense these offenses are treated as felonies, prosecuted in circuit court and carrying the same collateral consequences, even though the legislature has assigned them the misdemeanor label.

Felonies in Michigan are also subject to the state's sentencing guidelines under MCL 769.34, a structured framework that assigns points based on the severity of the offense and the defendant's prior record, producing a recommended minimum sentence range the judge must consult and justify any departure from. Misdemeanors are not subject to the guidelines in the same way, which is one of the reasons the elevation of a charge from misdemeanor to felony changes the entire character of a case. In the context of drunk driving, for example, a third OWI offense in Michigan is charged as a felony under Heidi's Law, carrying one to five years in state prison and placing the defendant squarely within the guidelines framework regardless of how long ago the prior convictions occurred.

Misdemeanor vs Felony in Michigan: Key Differences

The most immediate difference between a misdemeanor and a felony in Michigan is where a sentence is served. A misdemeanor sentence is served in a county jail. A felony sentence is served in a Michigan Department of Corrections state prison facility. That distinction reflects a fundamental difference in the severity of the offense and shapes every aspect of how a case is handled from the moment of arrest.

The difference also determines which court has jurisdiction and, often, who is sitting on the other side of the case. Misdemeanor charges in Michigan are handled in district court, while felony charges are handled in circuit court, which operates under a distinct set of procedural rules. Understanding how those procedural frameworks differ is essential to understanding what kind of defense is available and at what stage it must be built.

Who actually prosecutes the charge can also differ, and that difference is more consequential than most people realize. Felony cases are prosecuted by the elected county prosecutor's office, staffed by career attorneys whose professional identity is built around criminal prosecution. Misdemeanor cases, particularly those arising in smaller municipalities, are frequently prosecuted by local attorneys who contract with the city or township to handle its legal work as one part of a broader general practice. These local prosecutors are often less ideologically invested in conviction outcomes than their counterparts at the county prosecutor's office, which can create meaningful opportunities for resolution that experienced defense counsel knows how to navigate.

A person charged with a felony also has the right to a preliminary examination within 21 days of arraignment, an opportunity to test the prosecution's evidence under oath before the case proceeds further. That procedural right does not exist in the same form for misdemeanor defendants and represents one of the most powerful tools available in felony defense. Felony offenses are additionally subject to Michigan's sentencing guidelines under MCL 769.34, a structured framework that produces a recommended minimum sentence range the judge must consult and justify any departure from. Misdemeanor sentencing is left almost entirely to the individual judge's discretion, with no comparable framework governing the outcome.

The full scope of how a conviction of either kind affects a person's life — employment, licensing, housing, firearm rights, immigration status, and more — is addressed in detail in the section below.

Punishments for Misdemeanors in Michigan

Punishments for misdemeanors in Michigan can vary, depending on specific crimes committed and the individual’s criminal history. Michigan does not classify misdemeanors by letter grade. Instead, misdemeanors in Michigan are described by their maximum possible jail term, which is set by the statute defining each offense. Most misdemeanors are punishable by up to 90 days in a county jail. More serious misdemeanors carry a maximum of one year.

A distinct and important category is the 93-day misdemeanor, which exists because Michigan's fingerprinting statute requires mandatory fingerprinting at arrest for any offense carrying a maximum penalty exceeding 92 days. First-offense operating while intoxicated under MCL 257.625 was set at 93 days precisely to trigger that requirement, ensuring an OWI first arrest under MCL 257.625 generates a record in the State Police criminal identification database. Finally, certain offenses carry a maximum of two years and are referred to as high court misdemeanors. Although technically classified as misdemeanors, these offenses are prosecuted in circuit court, sentences are served in state prison, and they carry the same collateral consequences as a felony in virtually every respect.

When a statute declares that a person is guilty of a misdemeanor without specifying any punishment, however, Michigan law supplies a default. Under MCL 750.504, a misdemeanor under the Michigan Penal Code for which no punishment is otherwise prescribed carries a maximum of 90 days in jail, a fine of not more than $500, or both.

A separate default applies to motor vehicle misdemeanor violations of the Michigan Vehicle Code under MCL 257.901(2), which sets a maximum of 90 days in jail or a fine of not more than $100, or both, when no other penalty is provided. Understanding which default applies, and whether the specific statute at issue prescribes its own punishment, is one of the first analytical steps in evaluating any misdemeanor charge.

Punishments for Felonies in Michigan

Punishments for felonies in Michigan are much stricter. Felonies are classified as A through H, with A being the highest classification. Depending on the severity of the crime, punishments for felonies in Michigan can range from probation or a few years in jail to life in prison.

Michigan Felony Crime Classes

Source: Michigan Sentencing Guidelines Manual (Michigan Judicial Institute, current through Oct. 18, 2023); MCL 777.11–777.19; MCL 777.61–777.69. Examples verified by MCL citation from the offense lists in the manual.

Note: Crime class generally corresponds to the maximum term listed above, but the statutory language defining each specific offense governs the upper limit of punishment. The crime class serves as a general guide rather than an absolute ceiling. Classes A through D are "prior high severity" felonies for guidelines scoring purposes; classes E through H are "prior low severity" felonies. M2 is a standalone designation for second-degree murder that shares the Class A sentencing grid. Sentencing guidelines are advisory only per People v Lockridge, 498 Mich 358 (2015), but courts must calculate and consider the guidelines range.

Charged With a Crime in Michigan? Don't Wait.

Whether you're facing a misdemeanor or a felony, the consequences of a conviction can impact your life for years to come. From fines and jail time to a permanent criminal record, the stakes are too high to go it alone. Contact Barone Defense Firm today for a free consultation with an experienced Michigan criminal defense attorney.

Common Examples of Misdemeanors and Felonies in Michigan

The line between a misdemeanor and a felony is not always determined by the nature of the conduct alone. The same basic behavior can result in a misdemeanor charge in one set of circumstances and a felony charge in another, depending on prior convictions, the severity of harm caused, and the presence of aggravating factors.

No area of Michigan criminal law illustrates this more clearly than drunk driving, and the full spectrum of Michigan OWI charges from a 93-day misdemeanor to a 15-year felony demonstrates how dramatically the classification can shift based on a single additional fact.

A standard first-offense OWI is a 93-day misdemeanor. When the blood or breath result is 0.17 or above, the super drunk statute applies, doubling the maximum jail exposure to 180 days while keeping the charge a misdemeanor. A first-offense OWI with a passenger under the age of 16 is also a misdemeanor under Michigan's child endangerment OWI statute, though it carries enhanced penalties and becomes a felony if the driver has a prior OWI conviction within seven years.

Driving-related offenses are the most common category of misdemeanor in Michigan and extend well beyond drunk driving. Operating with a suspended or revoked license, driving without proof of insurance, and reckless driving, which carries the same 93-day maximum as a first-offense OWI and is sometimes achieved as a plea reduction in drunk driving cases, are among the most frequently charged.

Assault-related misdemeanors form another substantial category, including first-offense domestic violence and aggravated assault where the injury does not rise to the level required for a felony charge. Theft-related misdemeanors include larceny, embezzlement, and retail fraud, the offense Michigan law uses to describe what is commonly called shoplifting, when the value involved falls below the felony threshold.

Finally, there is a broad category of miscellaneous misdemeanors that arise from conduct affecting public order, including disorderly conduct, disturbing the peace, and criminal trespass, offenses that may seem minor in isolation but that carry the same permanent criminal record consequences as any other misdemeanor conviction.

Outside the OWI context, the most common felonies prosecuted in Michigan fall into several well-established categories. Drug-related felonies such as possession with intent to deliver, delivery or manufacture of controlled substances, and keeping a drug house remain among the most commonly prosecuted, though the landscape has shifted since Michigan's 2018 legalization of recreational marijuana.

Property crimes represent another major category, with breaking and entering, home invasion, and receiving and concealing stolen property appearing consistently among the most charged offenses statewide. Crimes against persons, including assault with a dangerous weapon and criminal sexual conduct, account for a significant share of felony prosecutions, and first-degree CSC has trended upward in recent years as a proportion of felony charges.

Firearms offenses, including carrying a concealed weapon without a license under MCL 750.227 and being a felon in possession of a firearm under MCL 750.224f, have consistently appeared in the top twenty most charged felonies and are among the most common charges defense attorneys encounter in circuit court.

Possession, production, or distribution of child sexually abusive material, known as CSAM under MCL 750.145c, has grown in frequency as digital investigations by state and federal law enforcement have expanded, and these cases carry not only felony prison exposure but mandatory registration under Michigan's Sex Offender Registration Act.

What these examples share is that the label alone, misdemeanor or felony, does not tell the full story of what a person is facing. A one-year misdemeanor conviction can end a professional career. A Class H felony carries no state prison exposure but still produces a felony record with permanent consequences. The classification matters, but so does everything that flows from it, and understanding both requires the kind of case-specific analysis that a single label cannot substitute for.

How a Misdemeanor or Felony Conviction Affects Your Life

A criminal conviction creates a record that functions as a permanent public disclosure, following a person into every job application, every college or trade school admission process, every professional licensing proceeding, and every landlord background check for the rest of their life. Long after probation ends and fines are paid, the record remains. The range of civil consequences it triggers spans virtually every domain of daily life.

In the employment context, a record can disqualify a person before a single interview takes place. Employers in fields involving children, vulnerable adults, financial services, transportation, security, or any role requiring a government clearance routinely screen applicants and decline those with convictions, often without being required to explain why. Even in fields without formal legal bars, a conviction can cost a person a promotion when a background check resurfaces it years later. The record does not age out of most commercial background check systems, and it does not become less visible simply because the person has demonstrably rebuilt their life since the conviction.

The effect on professional licensing is where a conviction can do its most concentrated damage. Michigan issues professional licenses through LARA to physicians, nurses, pharmacists, dentists, attorneys, certified public accountants, real estate agents, social workers, teachers, architects, and dozens of other occupations. Each licensing body has its own standards for evaluating a conviction, and many impose mandatory disclosure obligations that require reporting even a misdemeanor conviction within 30 days of the date it is entered, a deadline that begins running from the moment the court acknowledges a guilty plea, not from sentencing. A person can receive a lenient criminal outcome and still face license suspension, conditions on practice, or outright revocation through a completely separate regulatory proceeding. For a licensed pilot, the exposure is compounded further because a qualifying alcohol-related motor vehicle action must be reported to the FAA within 60 days under federal aviation regulations, and that obligation can arise before any criminal conviction is entered, meaning a Michigan license suspension alone may trigger the federal reporting clock independently of whatever happens in the criminal case.

Higher education is affected in ways that many people, particularly younger defendants, do not anticipate. Colleges, universities, and trade schools commonly ask about criminal history on applications, and a conviction can result in denial of admission, revocation of a scholarship, loss of financial aid, or removal from a program mid-enrollment. Federal student aid eligibility is subject to additional restrictions tied to certain drug convictions. Graduate and professional school programs, including law school and medical school, require character and fitness evaluations in which a criminal record must be disclosed and explained, and the outcome of those evaluations is not guaranteed regardless of how long ago the offense occurred.

For any person who is not a United States citizen, a conviction carries the additional risk of federal immigration consequences that can be more severe than anything the criminal court imposes. Certain convictions, including many drug offenses and crimes defined as aggravated felonies under federal immigration law, can trigger deportation, permanent inadmissibility, or bars to naturalization regardless of how the offense is classified under Michigan law. A Michigan misdemeanor that meets the federal definition of an aggravated felony carries the same immigration consequences as a state felony, which is why the immigration analysis must be part of any criminal defense evaluation for a non-citizen from the very first day of the case.

Can a Misdemeanor Be Expunged in Michigan?

Yes, in many cases. Michigan's Clean Slate legislation, which took full effect in 2021 and 2023, significantly expanded the availability of expungement for both misdemeanor and felony convictions, creating new opportunities for people who have maintained a clean record since their conviction to have that conviction set aside and removed from public access.

For most misdemeanor convictions, the standard waiting period before a person may apply for expungement is three years from the date of conviction, the completion of any term of imprisonment, or the end of probation, whichever occurs latest.

Michigan also introduced automatic expungement for qualifying non-assaultive misdemeanors, which are set aside by operation of law seven years after sentencing without the need for an application, provided the person has incurred no subsequent convictions during that period.

Not every misdemeanor is eligible. Traffic offenses are categorically excluded from expungement under Michigan law, which means that offenses arising under the Michigan Vehicle Code, including most driving-related charges, cannot be set aside regardless of how much time has passed or how clean the person's record has been. Sex offenses are similarly excluded. Misdemeanor convictions that are ineligible for expungement remain on the public record permanently unless the legislature changes the law.

Drunk driving convictions occupy a specific and carefully limited category. Until 2021, no OWI conviction of any kind could be expunged under Michigan law. The Clean Slate legislation changed that for first offenses only. A single first-offense OWI conviction is now eligible for expungement after a five-year waiting period, provided the person has not been convicted of any subsequent OWI offense in any jurisdiction. A person who has the conviction expunged cannot seek expungement of a second OWI conviction, and any subsequent OWI conviction after an expungement renders the person permanently ineligible. Unlike automatic expungements, OWI expungement requires a formal court hearing before the judge who presided over the original case, and the outcome is not guaranteed.

One limitation applies regardless of the type of offense expunged. Michigan's expungement law operates on state records only. Federal criminal records are not affected by a Michigan set-aside order, and certain licensing boards, law enforcement agencies, and background check services may retain access to conviction information even after expungement. A person who has a conviction expunged can truthfully represent on most employment and housing applications that they have not been convicted of that offense, but they should understand that expungement is not erasure.

Frequently Asked Questions About Misdemeanors and Felonies in Michigan

Defending Clients Across Michigan

If you've been charged with a misdemeanor or a felony, the lawyers at Barone Defense Firm are standing by and ready to assist. Our practice areas range from DUI/OWI to federal crimes, sex crimes, and gun crimes, and we look forward to serving you.

Our firm's service areas include:

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Don't Face Criminal Charges Alone

Whether you're facing misdemeanor charges or you've been charged with a felony, securing professional representation is extremely important. At Barone Defense Firm, our legal team has over 100 years of collective legal experience. You can count on us to provide fair representation, and we'll work hard to obtain the best possible results.

Patrick T. Barone has focused exclusively on drunk driving and related criminal defense since 1999. He holds a 1991 Juris Doctor from Detroit College of Law and a Bachelor of Science in Biology from Oakland University, a scientific background that informs his forensic approach to breath and blood alcohol testing and underlies much of the analysis on this page.

Mr. Barone is the author of five books on criminal law, including Defending Drinking Drivers (James Publishing, 2006 to present), and has contributed more than 130 articles to publications including the Michigan Bar Journal and the NACDL's The Champion, writing directly on subjects addressed throughout this page, including collateral consequences for licensed professionals, Michigan's sentencing guidelines, OWI expungement law, and Heidi's Law. He is the Founding President of the Michigan Association of OWI Attorneys, a former Adjunct Professor at Thomas M. Cooley Law School, and a current member of both the Michigan Impaired Driving Task Force and the NACDL Artificial Intelligence Task Force. He has been recognized as a Michigan Super Lawyer continuously since 2007 and holds the Martindale-Hubbell AV Preeminent rating.

In 2022, Mr. Barone completed board certification as a Trainer, Educator, and Practitioner of Psychodrama through the American Board of Examiners, the highest certification available in that discipline. That training, which centers on understanding a person's experience from the inside out, shapes the client-centered philosophy that guides his practice and his recognition that for most people, what a conviction does to their life outside the courtroom is far more consequential than the sentence imposed inside it.