The Criminal Defense Law Center of
West Michigan

High court misdemeanors are punishable by up to two years in prison

High Court Misdemeanors

In the state of Michigan, there are three classes of misdemeanors:

  1. Misdemeanors punishable by up to 93 days in jail.
  2. Misdemeanors punishable by up to one year in jail.
  3. High court misdemeanors which are punishable by up to two years in prison.
 

High court misdemeanors include aggrevated indecent exposure and negligent homicide (by vehicle).  Another high court misdemeanor charge is resisting and obstructing arrest.  Defense attorneys have noticed an increase in the charge called “Possession of analogues.”  To put in a way that is easier to understand, a person is facing a charge for possession of Vicodin, oxycontin and other drugs.

High court misdemeanors are treated a lot more leniently than other felonies such as Felony Drunk Driving. Generally speaking, a person who gets convicted of a high court misdemeanor by trial or by plea do not get hammered with jail or prison time. Probation terms and length will typically not be as tough and long.

Examples Of Misdemeanors:

  • Reckless Driving
  • Marijuana Possession
  • Larceny
  • Embezzlement
  • Assault & Battery
 

It’s important to have good legal representation because a conviction for a high court misdemeanor can lead to a permanent criminal reecord. This can hurt you when you’re looking for a job, voting, or purchasing property.

People v. Washington

In this case, The Michigan Supreme Court ruled that high-court misdemeanor are a felony despite its name. The issue the court dealt with was if a person convicted of a high-court misdemeanor could be convicted a felony-firearm while using the high-court misdemeanor as the underlying offense for the felony-firearm charge.

In this case, Mr. Washington was convicted of numerous charges. The charge for keeping or maintaining a drug house as a predicate offense for the felony-firearm convictions. Keeping a drug house is what is called a high-court misdemeanor. Keeping a drug house is punishable by two years in prison. It is a charge that is called a misdemeanor even though a person could go to prison.

A rule of thumb under Michigan criminal law is that a felony is a crime that is punishable by prison time while a misdemeanor is punishable by only jail time. A lot of criminal defense attorneys in Michigan refer to these charges as “two-year felonies.”

Defendant Washington argued that there was no underlying felony to support the felony-firearm conviction. With not felony, he could not be charged for a felony-firearm. Sadly for Mr. Washington, the Michigan Penal Code defines a felony as a crime punishable by state prison. This reason is also why the Michigan Supreme Court ruled that high-court misdemeanors are felony crimes under the Penal Code.

 

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