What are the penalties for a felony in Michigan?

Felony penalties in Michigan range from 0–2 years for the lowest class to life imprisonment for the most serious [§ 769.8 et seq.]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 769.8 et seq.]. Misdemeanors carry county jail time (up to 1 year) [§ 769.8 et seq.]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Michigan Criminal Defense Guide — Charges & Process

Q: Does Michigan have a speedy trial requirement?

Michigan does not have a fixed-day speedy trial clock [§ 768.1]. MCL 768.1 entitles the people and persons charged with crime to a speedy trial and makes it the duty of public officers to bring a case to final determination without delay; it sets no numeric deadline. Michigan Court Rule 6.004 requires trial within 180 days of request by incarcerated defendant (lodged detainer rule). Constitutional speedy trial analysis applies generally. Barker v. Wingo factors used. Remedy is dismissal with prejudice.

Q: Can I get my criminal record expunged in Michigan?

Yes, for eligible offenses [§ 780.621 et seq.]. Waiting periods: 3 years for misdemeanors; 7 years for most felonies; automatic expungement for certain offenses after 7–10 years under Clean Slate Act (2020). Michigan enacted major expungement reform through the Clean Slate Act (2020), adding automatic expungement and expanding eligibility to up to 3 felonies and unlimited misdemeanors. Assaultive crimes, life offense felonies, and sex offenses are excluded. Marijuana convictions may be set aside under separate provisions.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Michigan.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Michigan Criminal Process — Step by Step Your Rights in an Michigan Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Michigan classifies criminal offenses §769.8 et seq.

Michigan divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class Life or any term of years felony: varies to life - Class Up to 10 years felony: 0–10 years, up to $15,000 fine - Class Up to 5 years felony: 0–5 years, up to $10,000 fine - Class Up to 4 years felony: 0–4 years, up to $5,000 fine - Class Up to 2 years felony: 0–2 years, up to $2,000 fine

Misdemeanor classifications §769.8 et seq.

Class High court (93 days–1 year) misdemeanor: up to 12 months, $1,000 fine - Class Standard (93 days) misdemeanor: up to 3 months, $500 fine - Class Low (up to 90 days) misdemeanor: up to 3 months, $100 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §769.8 et seq.	State prison (1 year or more) §769.8 et seq.
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §780.621 et seq.	Fewer offenses eligible §780.621 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §764.15. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. Michigan also authorizes warrantless arrest for domestic violence offenses under MCL 764.15a. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Michigan Constitution Art. I, § 15 guarantees bail for most offenses. Capital and certain violent offenses may be denied bail. Michigan uses the Michigan Bail Code (MCL 765) for conditions of release. Courts consider danger to community and flight risk. §765.1 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §771.1 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Michigan has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §775.16. Michigan Indigent Defense Commission (MIDC) sets minimum standards. Counties are responsible for providing indigent defense. Detroit has a public defender office; most counties use assigned counsel systems.
Right to a speedy trial — Michigan does not set a fixed number of days for speedy trial §768.1. MCL 768.1 entitles the people and persons charged with crime to a speedy trial and makes it the duty of public officers to bring a case to final determination without delay; it sets no numeric deadline. Michigan Court Rule 6.004 requires trial within 180 days of request by incarcerated defendant (lodged detainer rule). Constitutional speedy trial analysis applies generally. Barker v. Wingo factors used. Remedy is dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Michigan: Misdemeanor: up to 2 years; Felony: up to 5 years (or equal to maximum sentence for offense) §771.1 et seq..

⚠Michigan has a habitual offender law §769.10 et seq.. Habitual offender enhancement: second offense increases maximum by 50%; third offense increases by 100%; fourth offense can result in life imprisonment for any felony. Prior felonies must be charged in a separate count.

Clearing your record

Michigan does allow certain criminal records to be sealed or expunged §780.621 et seq.. Waiting periods: 3 years for misdemeanors; 7 years for most felonies; automatic expungement for certain offenses after 7–10 years under Clean Slate Act (2020). Michigan enacted major expungement reform through the Clean Slate Act (2020), adding automatic expungement and expanding eligibility to up to 3 felonies and unlimited misdemeanors. Assaultive crimes, life offense felonies, and sex offenses are excluded. Marijuana convictions may be set aside under separate provisions.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §333.7403. Marijuana possession: Legal (up to 2.5 oz in public per Proposal 1/2018); civil infraction for minor excess; criminal charges for unlicensed distribution or over allowable limits.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §750.81 et seq.. Domestic violence offenses carry additional consequences including protective orders §750.81(2) et seq..

Theft and property crimes

Classification depends on the value of property taken §750.356 et seq.. Felony threshold: $1,000 (felony for $1,000–$19,999, MCL 750.356).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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