By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 29, 2022
When people are charged with a crime, they want to know the maximum penalty they may face. The answer depends on whether they are charged with a Michigan felony versus misdemeanor. Additionally, a sentence is determined by a defendant’s criminal history, relationship with the criminal justice system such as on probation or parole, whether they are currently incarcerated, restitution, and victim statements, among many other factors. But, the primary factor is whether they are charged with a Michigan felony versus misdemeanor.
Michigan crimes are classified as either felony or misdemeanor.
This article will exlain the difference between a Michigan felony and misdemeanor and its impact on a possible sentence.
General difference between Michigan felony versus misdemeanor.
A felony is a more serious criminal offense than a misdemeanor in Michigan and typically results in more severe legal consequences. Typically, felonies are considered being more dangerous crimes that result in the possibility of significant prison time for those convicted of them. Some common examples of felony offenses in Michigan include assault with intent to murder, armed robbery, arson, and murder.
In contrast, misdemeanors are generally considered less serious offenses that result in minor legal consequences, such as fines or short periods of incarceration. Examples of misdemeanor offenses include petty theft and simple assault.
One key difference between felonies and misdemeanors is the potential penalties associated with these crimes. Felony convictions usually carry much harsher sentences than misdemeanors do. A felony always carries the risk of a prison sentence while a misdemeanor does not. For example, in Michigan, a first-time offender convicted of sexual assault could be sentenced to up to 15 years in prison, while someone convicted of disorderly conduct may only face fines or a short period of incarceration in the county jail.
Michigan misdemeanor explained.
A misdemeanor is a criminal offense that is less severe than a felony and is punishable by fines,jail time, or probation. Misdemeanors can include minor offenses, such as disorderly conduct, shoplifting, petty theft, trespassing, and other similar crimes. While misdemeanors are not considered as serious as felonies, they can still carry significant penalties. They may even result in probation or jail time, depending on the severity of the offense. If you are facing charges for a misdemeanor crime in Michigan, it is important to understand your rights and options so that you can take the right steps to protect yourself against the potential consequences of a misdemeanor conviction.
One of the main reasons that Michigan determines misdemeanors are less severe than felonies is because they rarely involve the same level of violence, property damage, or serious harm. Misdemeanors can include offenses such as vandalism, assault and battery, disorderly conduct, and other similar crimes that are less severe than other types of felonies. However, even though a misdemeanor may appear minor, it can still have significant consequences for those convicted. Someone convicted of a misdemeanor will still have a criminal conviction on their record, lose driving privileges, could serve jail time, lose gun rights, pay restitution, among many other penalties.
Misdemeanors can be violations of city ordinances or state law. City attorneys or state prosecutors can prosecute them.
Michigan places misdemeanors into two categories based on the maximum exposure to jail time:
- 93-day misdemeanors
- 1-year misdemeanors.
93-day misdemeanors: punishable by a maximum of 93 days in jail and a $500 fine or triple the value of any items stolen (whichever is greater), plus fines and costs, probation, drug or alcohol testing, community service, and on.
Examples of 93-day misdemeanors include a first-offense OWI; driving while license suspended, and retail fraud.
1-year misdemeanors: punishable by a maximum of one year in jail up to $1000 fine plus costs, probation, drug and alcohol testing, community service plus additional punishments.
Example of 1-year misdemeanors would include a second OWI conviction.
Michigan felony explained.
A felony is a very serious crime in the state of Michigan. A felony is any crime punishable by more than one year in prison. Some of the most common felonies in Michigan include murder, assault with a dangerous weapon, theft over $1000, and possession of illegal drugs.
If convicted of a felony , several consequences can affect your life for many years to come. For example, you may face significant fines, jail or prison time, loss of your voting rights and gun rights, difficulty finding employment after release from prison or jail, and other restrictions on your freedom and ability to take part fully in society.
Several factors may impact the potential penalties for a Michigan felony conviction. The first factor to consider is the severity level of the crime. Like misdemeanors, Michigan law classifies felonies by the maximum prison time.
Another important factor to consider is whether a felony offense involves violence or drugs. Violent felonies, such as assault or murder, typically carry more severe penalties than non-violent ones. Similarly, drug crimes may be treated differently depending on the type and amount of drugs involved in the offense.
Besides these factors, other considerations that may impact sentencing include an individual’s criminal record, whether they are considered a “habitual offender,” and the unique circumstances of each case.
Michigan sentencing guidelines for felony sentences.
Michigan has strict sentencing guidelines for felony offenses, and the sentence you may face will depend on several factors, including the offense, your criminal history, and any aggravating or mitigating circumstances present in your case. Each felony crime is categorized in the sentencing guidelines by type.
Michigan felonies are categorized by:
- Crimes against a person
- Crimes against property
- Crimes involving a controlled substance
- Crimes against public order
- Crimes against public safety
- Crimes against public trust
The offense category or type of crime determines which offense variables (OVs) must be scored. The Michigan sentencing guidelines determine the appropriate sentence for an individual who has been found guilty of committing a crime. These guidelines are used to assign points based on various factors related to the crime, such as the severity of the offense and any aggravating or mitigating circumstances. The number of points assigned to an individual will determine their sentencing range, with higher numbers associated with more severe jail or prison sentences.
A critical aspect of Michigan’s sentencing guidelines is that in 2015, the Michigan Supreme Court rendered the previously-mandatory sentencing guidelines advisory only. People v Lockridge, 498 Mich 358 (2015). This means the sentencing court is not obligated to impose the sentence determined by the Michigan sentencing guidelines. Before 2015 the court did not have a choice. If the guidelines called for a prison sentence, the judge had no choice but to put the defendant in prison.
Lockridge now allows individuals to present evidence supporting a lower sentence than what would usually be recommended based on their score. This evidence can include information about their personal history, prior criminal record, and any mitigating circumstances of the crime that may have played a role in their involvement. The judge will then consider this information when making their sentencing decision and may adjust the sentence accordingly.
Besides the nature of the offense itself, your criminal history will also be considered when determining your potential sentence. If you have a prior criminal record, you will likely face more serious penalties than someone who does not have a previous conviction on their record. Other factors that may impact your sentencing include whether any aggravating or mitigating circumstances were present in your case, such as whether there was a victim involved or whether you acted under duress.
Overall, Michigan’s sentencing guidelines are designed to help ensure that individuals who commit crimes receive a fair and appropriate sentence based on the severity of their offense. If you have been charged with a crime in Michigan and are facing potential incarceration as a result, it is important to work with an experienced criminal defense attorney who can help you understand how these guidelines apply to your case and advocate on your behalf throughout the legal process.
Differences between Michigan felony versus misdemeanor summarized.
1. Degree of harm caused – A felony is generally considered being a more serious crime than a misdemeanor because it typically involves more significant harm to others, such as damage to property or physical injury. For example, assault with a deadly weapon would be considered a felony, while simple assault would be considered a misdemeanor.
2. Sentencing guidelines – If found guilty of committing a felony, you could face much longer jail or prison sentences than someone who has committed a misdemeanor offense. For example, someone who commits murder could face life in prison, while someone who commits simple assault could face a maximum of one year in jail.
3. Type of sentence – A felony conviction could also result in other penalties beyond imprisonment, such as losing your voting rights or the inability to own firearms. For example, an individual with a felony on their record may not work in certain fields or obtain professional licenses.
Overall, it is important to understand that felonies are considered more serious crimes than misdemeanors and can result in harsher penalties if you are convicted.
Contact Czarnecki & Taylor
If you have been charged with a felony or misdemeanor crime in Michigan, you must contact an experienced criminal defense attorney immediately. At the Law Office of Czarnecki & Taylor, our dedicated legal team has extensive experience handling all criminal charges and can help you navigate the complex criminal justice system. Our firm’s impressive track record for success shows our attorneys can achieve outstanding results.
Whether you are facing a first-time offense or have prior convictions on your record, we will work tirelessly to ensure that your rights are protected and that we achieve the best possible outcome in your case.
Our skilled attorneys understand what is at stake when facing felony or misdemeanor charges in Michigan and will provide personalized counsel throughout every stage of your case. We handle all types of criminal charges, including drug crimes, violent crimes, sex offenses, drinking and driving charges, gun crimes, and fraud, etc. We will carefully review the evidence in your case to help determine the best strategy for moving forward and have a proven track record of obtaining favorable results in even the most serious criminal cases.
If you are facing felony or misdemeanor charges in Michigan, contact our office today to discuss your case and learn more about how we can help you defend your rights. Our knowledgeable legal team is dedicated to providing personalized attention and skilled representation throughout every stage of your case. Don’t delay – call us today for a free consultation.
For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.