Misdemeanor vs. Felony in Michigan: What the Difference Changes

The word on your paperwork matters more than it looks

Your complaint or ticket says "misdemeanor" or "felony" near the charge. That one word sets the path for the whole case: which courtroom you sit in, whether a judge first has to decide if there is enough evidence to go forward, how many people will be on the jury, and what the conviction does afterward to your job, your right to own a gun and your ability to clear your record later.

This page compares the two in a table and short sections, with the statute behind each point. It is general information about Michigan law, not advice about your case, and the right choices depend on your charge, your record and your court, so talk to a lawyer about your own situation. The longer post on misdemeanor versus felony charges covers examples and the statute of limitations, and the criminal defense practice areas page lists the kinds of cases the office handles.

How Michigan defines the two

The Penal Code draws the line by the place of punishment. MCL 750.7 defines a felony as an offense for which the offender "may be punished by death, or by imprisonment in state prison." MCL 750.8 says that any other offense punishable by a fine, penalty, forfeiture or imprisonment is a misdemeanor.

The Code of Criminal Procedure, which governs how cases move through court, uses a time test instead. MCL 761.1(f) defines a felony as a violation "for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony." Because of that definition, an offense the Penal Code calls a misdemeanor but punishes with up to 2 years, often called a "high court misdemeanor," is treated as a felony for procedural purposes such as the preliminary examination. The site's page on high court misdemeanors explains those offenses.

Within misdemeanors, the common tiers are the 93-day misdemeanor, such as a first-offense OWI under MCL 257.625(9)(a), and the 1-year misdemeanor, which is the limit of district court trial jurisdiction under MCL 600.8311(a). Many local ordinance violations are 93-day offenses as well. Some charges, such as OWI, move from misdemeanor to felony with repetition: a third OWI at any time is a felony under MCL 257.625(9)(c). The sibling guide on OWI, OWVI and High BAC covers that ladder.

What changes in court

Both kinds of case start in district court, where arraignment and bond are handled under MCL 600.8311(c). After that the roads split.

• Court. A misdemeanor punishable by up to 1 year is tried in district court under MCL 600.8311(a). A felony is bound over to circuit court for trial after the district court steps below. The sibling guide on district court versus circuit court explains the two courts.
• Preliminary examination. Only felony cases get one. MCL 766.4 requires the district judge to set a probable cause conference 7 to 14 days after arraignment and a preliminary examination 5 to 7 days after that, and MCL 600.8311(e) bars a preliminary examination for a misdemeanor tried in district court. The exam can be waived with the prosecutor's consent under MCR 6.110(A). See what a preliminary exam is.
• Jury size. Article 1, section 20 of the Michigan Constitution allows a jury of fewer than 12 for misdemeanors punishable by up to 1 year. MCL 600.8355 sets a district court criminal jury at 6, and MCR 6.410(A) requires 12 jurors in circuit court unless the parties stipulate to fewer.
• Sentencing guidelines. The legislative guidelines in MCL 777.1 and following apply to felonies committed on or after January 1, 1999, under MCL 769.34(2), and a court that departs from the range must state its reasons under MCL 769.34(3). Misdemeanors are not scored. The site's sentencing guidelines page covers scoring.
• Probation length. MCL 771.2(1) caps probation at 2 years for a non-felony and 3 years for a felony, with limited extensions for felonies. See the sibling guide on probation, jail and delayed sentences.

What changes after the conviction

Firearms. Under MCL 750.224f(1), a person convicted of a felony may not possess, purchase or carry a firearm until 3 years after paying all fines, serving all imprisonment and completing probation or parole; for a "specified felony" under MCL 750.224f(2) the wait is 5 years and rights must be formally restored. Federal law reaches further: 18 U.S.C. 922(g)(1) bars anyone convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing firearms or ammunition, which covers Michigan's 2-year high court misdemeanors. Under 18 U.S.C. 922(g)(9), a misdemeanor crime of domestic violence also triggers the federal ban.

Voting. Michigan does not take the vote away for a conviction by itself. MCL 168.758b bars voting only while a person is confined in jail or prison serving a sentence, so a misdemeanor jail term and a felony prison term have the same effect while they last.

Fingerprints and the state record. MCL 28.243(1) requires the arresting agency to collect biometric data and send it to the state within 72 hours after an arrest for a felony or for a misdemeanor with a maximum penalty over 92 days. That is what creates the public criminal history record most employers see.

Expungement. The limits differ by label. By application under MCL 780.621(1)(a), a person may set aside up to 3 felonies and any number of misdemeanors, subject to the exclusions in that act. Under the automatic set-aside law, MCL 780.621g, eligible misdemeanors clear after 7 years and eligible felonies after 10, with a lifetime cap of 2 felonies and 4 misdemeanors, and many offenses excluded. The sibling guide on what expungement means explains both paths.

Where charges can move between the two

The label is not always fixed at the start. Some offenses are charged as a felony or a misdemeanor depending on an amount, a prior record or an injury, and in some cases a prosecutor amends a felony to a misdemeanor as part of a plea agreement, which then lets the case finish in district court. Whether that happens is the prosecutor's decision, subject to the judge's approval of the plea, and it varies by county and by the facts.

The reverse also happens. A district court case can become a felony case if the preliminary examination shows a more serious offense, or if the prosecutor adds a habitual offender notice. Nothing on this page predicts what will happen in any particular case.

What to do next

Read the charging document and find the statute number and the words "misdemeanor" or "felony." Look up the maximum penalty in the statute, since that number drives everything above. If the document says felony, your next dates are the probable cause conference and the preliminary examination under MCL 766.4, and they come within weeks of arraignment. If it says misdemeanor, your case stays in district court and the next step is usually a pretrial conference.

A lawyer matters for your own case in either track, but the stakes rise sharply with a felony: the exam is an early chance to test the evidence, the guidelines will score your record, and the collateral consequences last years. For a misdemeanor, the questions are often about keeping the conviction off your record and protecting a license or job. The office of Attorney Shawn Haff in Wyoming and Grand Rapids handles misdemeanor and felony cases in the Kent County district courts and the 17th Circuit Court, and offers a free consultation at 616-438-6719.