In Michigan, whether a crime is a felony or a misdemeanor depends on the maximum punishment the law allows for it, not on the sentence you actually receive. The difference affects which court hears your case, what penalties you face, and how the conviction follows you afterward.
The categories
| Category | Type | Maximum punishment |
|---|---|---|
| Civil infraction | Not a crime | Fines, costs and possible points on your driving record |
| 93-day misdemeanor | Misdemeanor | Up to 93 days in county jail, plus fines |
| 1-year misdemeanor | Misdemeanor | Up to 1 year in county jail, plus fines |
| High court misdemeanor | Treated as a felony for many purposes | Up to 2 years |
| Felony | Felony | More than 1 year in state prison, up to life |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
Where each case is handled
Misdemeanors are handled entirely in the local district court, from arraignment through trial and sentencing. Felonies start in district court for the arraignment, probable cause conference and preliminary examination, then move to the county’s circuit court for trial and sentencing. In Oakland County, that’s the Oakland County Circuit Court in Pontiac.
Examples
- Often misdemeanors: first and second OWI, simple assault, first-offense domestic violence, retail fraud under $1,000, driving while license suspended.
- Often felonies: third-offense OWI, felonious assault, possession of cocaine or heroin, retail fraud of $1,000 or more, carrying a concealed weapon, home invasion.
Why the difference matters
- Prison vs. jail: felonies can mean state prison; misdemeanors are limited to county jail.
- Firearms: a felony conviction generally ends your right to possess firearms.
- Jobs and licenses: felony convictions create bigger obstacles for employment, professional licenses, housing and school.
- Immigration: both can carry immigration consequences, but felonies are often more serious.
- Future charges: prior felonies can increase penalties for any future offense under Michigan’s habitual offender laws.
The good news: options exist for both
Charges can often be reduced or dismissed, and programs like HYTA, Section 7411 and deferred sentences can keep a conviction off your record. Even after a conviction, many misdemeanors and felonies can later be set aside under Michigan’s Clean Slate law.
Frequently asked questions
Can a felony be reduced to a misdemeanor?
Yes, it happens often. Through negotiation, and by pointing out weaknesses in the evidence, felony charges are frequently reduced to misdemeanors, which can dramatically change the consequences.
Can I vote in Michigan with a felony conviction?
Yes, as long as you are not currently in jail or prison serving a sentence. Your right to vote is restored when you’re released.
Can I own a gun after a felony conviction?
Generally not. A felony conviction triggers state and federal restrictions on possessing firearms, and being a felon in possession is itself a felony. Learn about weapons charges.