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Misdemeanor vs Felony Penalties in Michigan 2026
Table of Contents
- The One-Year Threshold: Michigan's Dividing Line
- Misdemeanor Penalties in Michigan
- Felony Penalties and Michigan Felony Sentencing Guidelines 2026
- Habitual Offender Sentencing Enhancement in Michigan
- Expungement Eligibility Under Michigan Clean Slate
- Collateral Consequences: What a Conviction Costs Beyond Jail
- Plea Bargaining Dynamics in Misdemeanor and Felony Cases
- Conclusion: Your Next Steps After a Michigan Criminal Charge
- Frequently Asked Questions
Last Updated: September 16, 2026
The One-Year Threshold: Michigan's Dividing Line
The misdemeanor vs felony penalties in michigan 2026 difference comes down to one number. A misdemeanor is punishable by no more than one year in county jail; a felony carries a potential sentence of more than one year, served in state prison. That threshold determines where your case is heard, what rights you keep, and what follows you for years.
This guide walks through misdemeanor vs felony penalties in Michigan 2026, from statutory maximums to expungement eligibility, so you understand exactly what you face before you walk into a courtroom.
Misdemeanor Penalties in Michigan
Misdemeanor penalties in Michigan are capped at one year of incarceration, but most convictions result in fines, probation, or community service rather than jail time. Judges weigh the charge level, your criminal record, and the offense circumstances before imposing a sentence that may include court costs and restitution.
93-Day Misdemeanors and One-Year Misdemeanors
Michigan splits misdemeanors into tiers based on maximum jail exposure. A 93-day misdemeanor is the lowest tier, covering offenses such as retail fraud in the third degree. A one-year misdemeanor carries up to a full year in county jail and is treated more seriously at sentencing.
| Offense Tier | Maximum Incarceration | Where Time Is Served | Typical Add-Ons |
|---|---|---|---|
| 93-day misdemeanor | 93 days | County jail | Fines, court costs, probation |
| One-year misdemeanor | 1 year | County jail | Probation, community service, restitution |
| High court misdemeanor | 2 years | County jail or state prison | Felony-level collateral consequences |
High Court Misdemeanors
High court misdemeanors sit in a strange middle ground: labeled misdemeanors, punished closer to felonies. Maximum exposure is two years, and time may be served in state prison rather than county jail. That classification can affect firearm rights and how prosecutors approach a plea agreement.
Felony Penalties and Michigan Felony Sentencing Guidelines 2026
Michigan felony sentencing guidelines 2026 begin with the felony classification, which sets the statutory maximum. Within that maximum, the guidelines produce a recommended minimum range based on the offense variables and prior record variables scored for your case. Judges must score these variables and articulate reasons on the record for any departure.
Felony Classifications and Statutory Maximums
| Felony Class | Statutory Maximum | Representative Offenses |
|---|---|---|
| Class A | Life | First-degree murder, first-degree criminal sexual conduct |
| Class B | 20 years | Second-degree criminal sexual conduct, armed robbery |
| Class C | 15 years | Home invasion first degree, delivery of certain controlled substances |
| Class D | 10 years | Third-degree criminal sexual conduct, larceny from a building |
| Class E | 5 years | Felonious assault, uttering and publishing |
| Class F | 4 years | Third-degree home invasion, certain property crimes |
| Class G | 2 years | Lower-level property and drug offenses |
| Class H | 1 year | The lowest felony tier; still a felony on your record |
How the Guidelines Produce a Recommended Minimum
- Offense Variables (OVs): roughly two dozen factors scored from the offense facts, extent of injury, weapon use, victim vulnerability, property taken, and similar aggravators.
- Prior Record Variables (PRVs): factors scored from your criminal history, number and severity of prior felony and misdemeanor convictions, plus juvenile record and prior probation or parole status.
Departures Up and Down
For a plain-language walkthrough of how the state scores these variables, the Michigan Courts self-help center explains the process in the same terms a judge uses at sentencing.
What Changed for 2026
Sentencing guidelines are updated periodically, and the manual in force is generally the one in effect when the offense was committed, so a 2026 case can be scored under an earlier manual if the conduct predates an update.
Habitual Offender Sentencing Enhancement in Michigan
Expungement Eligibility Under Michigan Clean Slate
Expungement eligibility under Michigan Clean Slate expanded what convictions can be set aside and created an automatic path for certain offenses.
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Automatic Set-Asides vs. Application-Based Expungement
- Automatic set-asides: Certain qualifying misdemeanors and low-level felonies are set aside by operation of law once the waiting period passes, with no application or court appearance required.
- Application-based expungement: For convictions that do not qualify automatically, you file an application with the sentencing court, notify the prosecutor, and appear for a hearing. The judge has discretion to grant or deny.
Waiting Periods and Conviction Caps
| Conviction Type | Typical Waiting Period | How It Is Set Aside |
|---|---|---|
| Qualifying misdemeanor | Shorter period after completion of sentence | Often automatic |
| Qualifying low-level felony | Longer period after completion of sentence | Often automatic |
| Other eligible felony | Longest period | Application required |
What Is Never Eligible
- Certain assaultive crimes and crimes against a person
- Traffic offenses, including most driving-related convictions
- Felonies punishable by life imprisonment
- Convictions that require registration on a public registry
- Certain offenses involving a minor or a position of trust
What Expungement Does and Does Not Do
- Undo a federal firearms prohibition that attaches to the underlying offense
- Erase the record from law enforcement or court systems entirely
- Restore a professional license automatically, licensing boards have their own rules
- Remove the conviction from certain government or immigration-related checks
Because the rules changed with Clean Slate, pull your own record, confirm the offense date and disposition, and have an attorney map each conviction against current eligibility criteria before you file anything.
Collateral Consequences: What a Conviction Costs Beyond Jail
Plea Bargaining Dynamics in Misdemeanor and Felony Cases
Plea bargaining dynamics differ sharply between misdemeanor and felony cases.
Conclusion: Your Next Steps After a Michigan Criminal Charge
The gap between a misdemeanor and a felony in Michigan is one year of maximum exposure, and everything that flows from it: where you serve time, what stays on your record, and which doors close.
Frequently Asked Questions
What is the maximum jail time for a misdemeanor in Michigan in 2026?
Michigan misdemeanors carry a statutory maximum of up to one year in county jail. The most common tier is the 93-day misdemeanor, which covers offenses like simple assault, driving while license suspended, and retail fraud under a certain threshold. A smaller group of one-year misdemeanors, such as some OWI second offenses, carry the full 365-day maximum. A high court misdemeanor is technically a misdemeanor but is prosecuted in circuit court and can carry up to two years. The specific maximum depends entirely on the statute you are charged under.
How do Michigan felony sentencing guidelines 2026 determine my minimum sentence?
Michigan uses a sentencing guidelines scoring system that assigns points based on the offense category, your prior record, and specific offense variables like the number of victims or the use of a weapon. Those points place you in a grid cell that recommends a minimum sentence range. The judge can depart from that range if there are substantial and compelling reasons, but the statutory maximum for the felony class still caps the total sentence. An attorney can review your guidelines score before sentencing to identify scoring errors.
Can a misdemeanor be upgraded to a felony in Michigan?
Yes. A misdemeanor can be charged as a felony in several situations. If you have prior convictions for the same or similar offenses, the prosecutor may charge a subsequent offense as a felony. Aggravating circumstances, such as using a weapon during an assault or causing serious injury, can also elevate the charge. Some theft offenses become felonies when the property value exceeds the statutory threshold. The charging decision rests with the prosecutor, but a defense attorney can challenge whether the facts actually support the elevated charge.
How does the Michigan Clean Slate Act affect expungement eligibility for old convictions?
The Clean Slate legislation expanded automatic expungement for certain misdemeanors and some low-level felonies after a waiting period. Not every conviction qualifies. Assaultive offenses, crimes involving a dangerous weapon, and most felonies with a maximum penalty of more than ten years are excluded. You can also petition the court for expungement of additional convictions if you meet the waiting periods and have no pending charges. Because eligibility rules are specific to each conviction, a records review is the fastest way to know what you can clear.
What is habitual offender sentencing enhancement and how does it affect my case?
Michigan's habitual offender statute allows the court to enhance the statutory maximum sentence when you have prior felony convictions. A second felony conviction can raise the maximum by up to 1.5 times, a third by up to 2 times, and a fourth or subsequent felony by up to life in prison for certain offenses. The enhancement does not change the sentencing guidelines minimum range, but it removes the ceiling on how long the judge can sentence you. The prosecutor must give notice before sentencing to seek the enhancement.
