Michigan Criminal Attorneys Blog
A misdemeanor in Michigan is a violation of penal law which is not a felony, or a violation of a state agency, that is punishable by imprisonment, probation, and/or a fine. A misdemeanor can be charged under Federal law, State law, or by a local ordinance. The penalty is determined by the particular federal statute, Michigan Compiled Law, or local ordinance in question.
Federal misdemeanor penalties are determined by the Federal Statute in question, and are addressed in Federal Court by Federal Prosecutors.
For State law misdemeanor violations in Michigan, most carry a maximum punishment of either 90 days, 93 days, 6 months, or 1 year depending upon the particular offense involved. The Michigan Compiled Laws contain the potential maximum penalties for all State law criminal offenses. There are also offenses in Michigan called high Court misdemeanors which carry a maximum punishment of up to 2 years in prison (unless the maximum sentenced is enhanced under an applicable Habitual Offender statute which increases the maximum possible punishment). State law misdemeanor violations that accompany a felony charge (for example, a DUI charged at the same time as a Fleeing and Eluding Police felony), are usually ultimately resolved at Circuit Court along with the felony charge (if the matter is bound over). A Defendant also has a right to a preliminary examination for any high court misdemeanors for which he or she is charged. State law misdemeanor violations are usually prosecuted by the County prosecutor’s office for the jurisdiction in which the offense allegedly occurred.