Know The Difference: Felonies Versus Misdemeanors in Michigan

If you or a loved one has been charged with a crime in Michigan, one of the first questions you’ll face is whether the charge is a felony or a misdemeanor. While both are criminal offenses, the difference between the two can significantly impact everything - from potential jail time to fines, employment, housing, and your overall future.

It’s important to understand how Michigan classifies crimes, and what these classifications mean for you. In this article, you will find a clear, comprehensive explanation of the differences between felonies and misdemeanors in Michigan, how they are handled in court, and what to expect if you’re facing charges.

What Is a Misdemeanor in Michigan?

In Michigan (or anywhere, really), a misdemeanor is considered a criminal offense, but one that is less severe than a felony. Misdemeanors are typically punishable by up to 1 year in a county jail, as opposed to state prison.

Common Examples of Misdemeanors Include:

• First-offense OWI/ DUI

• Domestic violence (first offense)

• Disorderly conduct

• Retail fraud (shoplifting) under $1,000

• Driving with a suspended license

• Simple assault

• Possession of small amounts of certain drugs

• Trespassing
  

Misdemeanor Penalties

Depending on the offense, Michigan classifies misdemeanors into different tiers:

• 93-day misdemeanors (e.g., disorderly conduct)

• 1-year misdemeanors (e.g., some domestic violence charges)

• High-court misdemeanors (more serious; discussed later)
  

Penalties may include:

• Up to 93 days or 1 year in county jail

• Fines (often $100–$1,000)

• Probation

• Community service

• Drug/alcohol testing

• Mandatory classes or counseling

• Driver’s license suspensions (for certain offenses)

While misdemeanors are “lower-level” crimes, they can still have long-term consequences, such as employment issues, immigration impacts, and enhanced penalties for future offenses.

What Is a Felony in Michigan?

A felony is a more serious criminal charge, typically reserved for offenses involving harm, threats, weapons, higher financial loss, or repeat criminal activity. Felonies are punishable by more than 1 year of incarceration, usually served in a state prison rather than a county jail.

Common Examples of Felonies Include:

• Drug delivery/manufacture

• Felonious assault

• Home invasion

• Embezzlement

• Felony OWI (3rd offense or involving injury)

• Criminal sexual conduct

• Armed robbery

• Homicide

• Weapons offenses
  

Felony Penalties

Michigan classifies felonies into eight classes, from Class A (most serious) to Class H.

• Class A: Up to life in prison (e.g., murder, human trafficking)

• Class B: Up to 20 years

• Class C: Up to 15 years

• Class D: Up to 10 years

• Class E: Up to 5 years

• Class F: Up to 4 years

• Class G: Up to 2 years

• Class H: Jail time, probation, or alternative sentencing

Felonies often carry additional consequences, such as thousands of dollars in fines, restitution to victims, ineligibility to possess firearms, and more. Felonies make life difficult, and post-incarceration, adaptation into society can be challenging, including difficulty finding employment or housing. A felony conviction can follow a person for life, which is why early legal intervention is so important.

What Are “High-Court Misdemeanors”?

Michigan has a unique classification called high-court misdemeanors, which are offenses that are technically labeled as misdemeanors but are treated procedurally like felonies. High-court misdemeanors can carry up to 2 years in prison and are prosecuted in circuit court rather than district court. Examples include:

• Negligent homicide

• Certain aggravated offenses

• Some repeat domestic violence charges

These charges often confuse people because they sit in a gray area between misdemeanors and felonies. Treat them seriously—they can impact your record in much the same way as a felony.

Major Differences Between a Felony and a Misdemeanor

1. Severity of the Offense

Felonies involve more serious harm or potential harm, like violent crimes, large-scale drug activity, or offenses involving weapons or major financial loss. Misdemeanors involve conduct that is illegal, but generally less severe or damaging.

2. Possible Jail or Prison Time

The most significant difference:

• Misdemeanor = Up to 1 year in county jail

• Felony = More than 1 year, typically in state prison

County jail time often includes work-release or alternatives; prison sentences do not.

3. Court Process

Felony cases follow a longer, more complex process:

Misdemeanors:

• Arraignment

• Pretrial conference

• Trial (if necessary)

Felonies:

• Arraignment

• Probable cause conference

• Preliminary examination (a hearing where a judge decides if evidence supports moving the case forward)

• Pretrial conference

• Trial

The extra steps in felony cases exist because the stakes are significantly higher.

4. Impact on Your Criminal Record

Felonies carry lifelong consequences. Besides penalties, a felony conviction can affect:

• Employment opportunities

• Background checks

• Voting rights

• Gun ownership

• Professional licensing

• Housing applications

• Federal aid eligibility

• Immigration status

Misdemeanors also appear on background checks, but they generally carry less stigma and fewer collateral consequences.

5. Potential for Expungement

Michigan’s “Clean Slate” laws have expanded expungement eligibility.

• Many misdemeanors can be expunged after a waiting period.

• Several felonies can also be expunged, but more serious offenses (violent felonies, CSC, certain weapons crimes) are excluded.

Your attorney can determine whether your charge, if convicted, is eligible for expungement in the future.

Which Courts Handle Felonies vs. Misdemeanors in Michigan?

In Macomb County, criminal cases begin in the district court where the alleged offenseoccurred.

District Courts (Misdemeanors + Felony Preliminaries)

Examples include:

• 37th District Court (Warren)

• 41-A District Court (Shelby Township & Sterling Heights)

• 41-B District Court (Clinton Township)

• 42-1 and 42-2 District Courts (Romeo & New Baltimore)

District court judges handle:

• Misdemeanor cases from start to finish

• Bond and arraignment for all offenses

• Preliminary exams for felonies

Circuit Court (Felonies)

Felonies are ultimately bound over to:

• Macomb County Circuit Court, located in Mount Clemens

Once a felony reaches circuit court, the case proceeds to pretrial conferences, plea negotiations, and, if necessary, trial.

Why the Classification Matters for Your Case

The distinction between a misdemeanor and a felony affects many things, including:

• Your immediate freedom (bond conditions, jail vs. prison)

• Your criminal exposure (length and type of sentence)

• Negotiation leverage

• The possibility of plea bargains

• Long-term personal and professional consequences

By partnering with a skilled criminal defense attorney, you may be able to reduce a felony to misdemeanor, limiting the damage to your future. Your attorney can also challenge unlawful evidence, negotiate your sentencing, fight for charge dismissal, argue for probation, and more. Getting charges reduced, or dismissed entirely, can change the trajectory of someone’s life. That’s why it’s important to have someone by your side who knows the system, and knows your options.

When You Should Contact an Attorney

If you’ve been accused of any crime, felony or misdemeanor, don’t wait to involve a lawyer. Even a “minor” misdemeanor can snowball into larger consequences if not handled correctly.

You should contact a criminal defense attorney if:

• You were arrested

• You received a notice to appear in court

• Police have asked to question you

• You’re under investigation

• A warrant has been issued

• You’re unsure whether your charge is a felony or misdemeanor

An attorney like Sal Palombo, who works regularly in Macomb County courts, understands how local judges, prosecutors, and procedures operate, giving you a significant advantage from the start.

Don’t Wait

The difference between a felony and a misdemeanor in Michigan goes beyond terminology, it's a matter of your freedom, your reputation, and your future. You should understand the severity of your charge, the potential penalties, and your rights. Whether you’re facing a misdemeanor in district court or a serious felony in circuit court, the decisions you make early on can shape the entire outcome of your case.

If you or someone you love is facing criminal charges in Macomb County, don’t navigate the system alone. A knowledgeable, experienced defense attorney can protect your rights, explain your options, and fight for the best possible result.

If you’ve been charged, contact Sal now.