Felony vs. Misdemeanor Charges Under Michigan Law

At Neumann Law Group, our Northern Michigan criminal defense lawyers handle the full range of charges, from a first 93-day misdemeanor to a serious felony, across Grand Traverse, Wexford, and Kalkaska counties. Understanding which side of the line a charge falls on shapes every decision that follows, including which court hears the case and what a conviction means for a your record. We sort that out at the first meeting as part of our broader Michigan criminal defense practice.

What Are the Misdemeanor Tiers in Michigan?

Unlike some states, Michigan does not give misdemeanors letter classes. Instead, each statute names whether an offense is a misdemeanor and what penalty applies, and the offenses tend to fall into three tiers based on the maximum jail term.

• 93-day misdemeanors carry up to 93 days in jail and a fine commonly capped at $500. Examples include simple assault and battery and a first-offense OWI.
• One-year misdemeanors carry up to one year in jail and a higher fine. Examples include second-degree retail fraud and a second OWI within seven years.
• High court misdemeanors carry up to two years, prosecuted in circuit court and served in prison. An example is aggravated indecent exposure, the fondling form of the offense, which carries a two-year maximum (MCL 750.335a).

The tiers carry real consequences beyond the numbers. When a statute declares an offense a misdemeanor but names no penalty, Michigan supplies a default of up to 90 days in jail and a $500 fine under MCL 750.504. The 93-day figure for a first OWI is deliberate, set to ensure the arrest generates a record in the State Police criminal identification database.

A high court misdemeanor sits in a category of its own. A high court misdemeanor is prosecuted in circuit court and served in state prison even though it keeps the misdemeanor label. Its maximum exceeds one year, so the offense is treated as a felony for the purpose of deciding which trial court has jurisdiction, and it carries collateral consequences much like a felony.

How Does Michigan Grade Felonies?

Michigan grades felonies from Class A through Class H for sentencing purposes (MCL 777.1 and the sentencing guidelines that follow). Class A covers the most serious offenses, with maximums up to life, while Class H sits at the bottom and may carry no state prison term at all, allowing for jail or probation instead. The class assigned to an offense, combined with a person’s prior record, drives the recommended sentencing range a judge starts from.

That grading is why the felony label alone does not tell the whole story. A Class H felony produces a felony record with permanent consequences yet may involve no prison time, while a one-year misdemeanor can still end a professional career. Two cases that sound similar on paper can carry very different exposure once the class and guidelines are applied, which is why an early, accurate read on the charge is so valuable.

The same conduct can also shift across the line as facts change. A repeat offense, a weapon, or a dollar amount over a statutory threshold can convert a misdemeanor into a felony. Theft is a clear example: under Michigan’s larceny and related statutes, an amount under $200 is typically a 93-day misdemeanor, an amount of $200 to under $1,000 is a one-year misdemeanor, and an amount of $1,000 or more becomes a felony (MCL 750.356). We address those threshold questions directly in our Michigan theft offense defense.

The difference between a 93-day misdemeanor, a high court misdemeanor, and a felony often turns on a single fact, and that fact is worth identifying before any plea is discussed. Our Northern Michigan defense team reads the charge, the maximum, and the guidelines class at the outset. For a no-cost review of a pending charge, reach out to Neumann Law Group.

Which Court Hears a Felony or Misdemeanor in Michigan?

District courts handle misdemeanor trials, while felony trials are heard in circuit court. Under MCL 600.8311, the district court has jurisdiction over misdemeanors punishable by up to one year, along with ordinance and charter violations. Any misdemeanor punishable by more than one year is not cognizable in district court and is treated as a felony for jurisdiction.

The procedural path differs by level. A misdemeanor case generally runs through arraignment, a pretrial, and trial, all in the district court. In Northern Michigan, that often means the 86th District Court in Traverse City or the 84th District Court in Cadillac. A felony case starts in district court for the arraignment, probable cause conference, and preliminary examination, then moves to circuit court, such as the 13th Circuit Court, after the defendant is bound over.

The OWI ladder shows how dramatically the level can change with one added fact. 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 carrying up to five years in state prison. We walk clients through that progression in our Michigan OWI defense practice, where the difference between tiers can mean the difference between probation and prison.

Why Does the Felony vs. Misdemeanor Label Matter So Much?

Beyond jail or prison, a conviction carries collateral consequences that often outlast the sentence. A felony conviction forfeits firearm rights under state and federal law, can end or block a professional license, and creates immigration exposure for non-citizens. Even a misdemeanor appears on background checks run by employers, landlords, and licensing boards, which is why a conviction for what sounds like a minor offense can shape a person’s life for years.

Michigan does offer relief for many of these records. Under the Clean Slate Act, a range of misdemeanors and a limited number of felonies can be set aside, some automatically and some by petition, after a waiting period. We frequently connect a defense strategy to a later Michigan expungement so that a client’s long-term record is part of the plan from the start, not an afterthought.

Frequently Asked Questions About Felony and Misdemeanor Charges in Michigan

What Is the Difference Between a Felony and a Misdemeanor in Michigan?

The dividing line is the maximum possible sentence. Under MCL 750.7 and MCL 761.1, a felony is an offense punishable by more than one year of imprisonment, served in state prison. A misdemeanor is punishable by up to one year, served in county jail. The label is set by the maximum the statute allows, not by the sentence a person actually receives.

How Much Jail Time Is a Misdemeanor in Michigan?

Michigan sorts misdemeanors into tiers by maximum jail exposure. A 93-day misdemeanor carries up to 93 days and a fine up to $500. A one-year misdemeanor carries up to one year and a higher fine. A high court misdemeanor carries up to two years. When a statute names no penalty, the default under MCL 750.504 is 90 days and a $500 fine.

What Is a High Court Misdemeanor in Michigan?

A high court misdemeanor is an offense punishable by up to two years that keeps the misdemeanor label but is prosecuted in circuit court and served in state prison. Its maximum exceeds one year, so it is treated as a felony for purposes of trial-court jurisdiction and carries felony-like collateral consequences.

Which Court Handles Felony Cases in Michigan?

Felony cases begin in district court for the arraignment, probable cause conference, and preliminary examination, then move to circuit court for trial after bindover. Under MCL 600.8311, the district court has jurisdiction over misdemeanors punishable by up to one year, while circuit court handles felony trials and high court misdemeanors.

Can a Felony or Misdemeanor Be Expunged in Michigan?

Many can. Under Michigan’s Clean Slate Act, MCL 780.621 and related sections, qualifying misdemeanors and a limited number of felonies can be set aside automatically after a waiting period or through a petition. Offenses with a maximum of life imprisonment and certain other crimes are not eligible.

Related Practice Areas

• Michigan traffic ticket defense
• Traverse City criminal defense lawyers

Speak with a Michigan Criminal Defense Attorney Today

Whether a charge is a misdemeanor or a felony changes the court, the exposure, and the lasting consequences, and the answer is not always obvious from the citation alone. The criminal defense lawyers at Neumann Law Group handle charges at every level across Northern Michigan and travel to clients throughout Grand Traverse, Wexford, and Kalkaska counties. Call (800) 525-6386 for a free consultation, or reach us through our contact page to understand exactly what you are facing.