Felony vs Misdemeanor in Michigan: Penalties and Sentences

Michigan's Penal Code defines a felony as "an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison" (MCL 750.7), while the Code of Criminal Procedure uses a different test: an offense punishable "by imprisonment for more than 1 year or an offense expressly designated by law to be a felony" (MCL 761.1(f)). Michigan has no lettered or numbered penalty classes; each offense statute states its own maximum, and default punishments apply where none is "specially prescribed": up to 4 years or $5,000 for a felony (MCL 750.503) and up to 90 days or $500 for a misdemeanor (MCL 750.504).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Michigan law defines felonies, misdemeanors and civil infractions (MCL 750.7 to 750.9, 761.1, 257.6a), the default punishments (MCL 750.503 to 750.505), the sentencing guidelines and habitual-offender sections (MCL 769.10, 769.11, 769.12, 769.34, 777.21, 777.62, 777.69) and the probation sections (MCL 768.36, 771.1, 771.2, 771.2a, 771.4, 771.4b). It does not cover how individual offenses are punished (see the Michigan theft laws and Michigan assault laws pages), time limits for prosecution, setting aside a conviction, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Michigan

Michigan defines the felony line twice, once in each of its two main criminal codes, and the definitions use different tests.

The Penal Code definition applies, in its own words, "when used in this act," meaning the Penal Code. The Code of Criminal Procedure carries its own definition in MCL 761.1. The first test asks whether state prison is an authorized punishment; the second asks whether the possible term is more than 1 year or whether a statute expressly calls the offense a felony.

The tests can point in different directions. Some Michigan statutes label an offense a misdemeanor but allow more than 1 year: an attempt to commit an offense punishable by less than 5 years, when no express provision is made for the attempt, is "a misdemeanor, punishable by imprisonment in the state prison or reformatory not more than 2 years," but never more than half the maximum for the completed offense (MCL 750.92(3)). Where the completed offense carries more than 2 years, the attempt can carry more than 1 year and so meets the Code of Criminal Procedure's "more than 1 year" felony test in MCL 761.1(f).

One more Penal Code rule fills a gap. When a statute prohibits an act and "no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misdemeanor" (MCL 750.9).

Does Michigan have felony classes?

Not as penalty classes. Michigan's Penal Code sets punishment offense by offense: each offense statute states its own maximum term and fine, and the only general punishments are the defaults in MCL 750.503 to 750.505. There is no Michigan "Class A felony" or "Class A misdemeanor" with a set range of years.

The letters A through H that appear in Michigan sentencing are sentencing guidelines offense classes under chapter 777 of the Compiled Laws. They are used to find a recommended minimum sentence, described below, not to set the maximum.

Michigan default felony and misdemeanor penalties

These punishments apply only where the offense statute does not set its own.

These are the default maximums. The habitual-offender sections (MCL 769.10 to 769.12) set higher maximums, and in one case a mandatory minimum, for some repeat felony convictions, described below.

MCL 750.505 applies to "any indictable offense at the common law, for the punishment of which no provision is expressly made by any statute of this state." The Michigan theft laws page shows how a single offense statute sets its own maximums by value.

How a Michigan felony sentence is actually set

Michigan uses indeterminate sentences: the court sets a minimum term, and the maximum comes from the offense statute. The sentencing guidelines steer the minimum.

Sentencing guidelines and the minimum term

For a felony enumerated in part 2 of chapter XVII committed on or after January 1, 1999, the minimum sentence "may be within the appropriate sentence range under the version of those sentencing guidelines in effect on the date the crime was committed" (MCL 769.34(2)). Two limits frame that range:

• "A court may depart from the appropriate sentence range ... if the departure is reasonable and the court states on the record the reasons for departure" (MCL 769.34(3)).
• "The court shall not impose a minimum sentence, including a departure, that exceeds 2/3 of the statutory maximum sentence" (MCL 769.34(2)(b)).

To find the range, the court looks up "the offense class for the offense from part 2 of this chapter" and, using that class's grid, determines "the recommended minimum sentence range from the intersection of the offender's offense variable level and prior record variable level," shown "as a range of months or life" (MCL 777.21(1)(c)). The grids differ by class. In the class A grid, the lowest cell is 21 to 35 months and the highest is 270 to 450 months or life (MCL 777.62); in the class H grid, the lowest cell is 0 to 1 month and the highest is 5 to 17 months (MCL 777.69). These are recommended minimum terms, not the maximum a person can serve. Where the upper limit of the recommended minimum range is 18 months or less, the court "shall impose an intermediate sanction" (probation or another sanction other than jail or prison, MCL 769.31(b)) unless it states on the record reasonable grounds for jail of not more than 12 months or a prison sentence (MCL 769.34(4)(a)).

Habitual offenders

Michigan's habitual-offender sections raise the maximum for a person who commits a felony after prior felony convictions. When a person is sentenced under section 10, 11 or 12 of chapter IX (MCL 769.10 to 769.12), the guidelines raise the upper limit of the recommended minimum range by 25% for a second felony, 50% for a third and 100% for a fourth or later felony (MCL 777.21(3)).

• One prior felony (MCL 769.10(1)(a)). If the new felony is punishable on a first conviction by less than life, the court, "except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term." If the new felony carries life on a first conviction, the court may place the person on probation or impose life or a lesser term (MCL 769.10(1)(b)).
• Two or more prior felonies (MCL 769.11(1)). If the new felony is punishable on a first conviction by less than life, the court, except as otherwise provided, "may sentence the person to imprisonment for a maximum term that is not more than twice the longest term prescribed by law for a first conviction of that offense or for a lesser term"; if it is punishable by life, the court may impose life or a lesser term (MCL 769.11(1)(a)-(b)).
• Three or more prior felonies (MCL 769.12(1)). The section has three rules:
  • If the new felony "is a serious crime or a conspiracy to commit a serious crime, and 1 or more of the prior felony convictions are listed prior felonies, the court shall sentence the person to imprisonment for not less than 25 years" (MCL 769.12(1)(a)).
  • If the new felony is punishable on a first conviction by a maximum of 5 years or more or by life, the court, except as otherwise provided, "may sentence the person to imprisonment for life or for a lesser term" (MCL 769.12(1)(b)).
  • If the new felony's first-conviction maximum is less than 5 years, the court, except as otherwise provided, "may sentence the person to imprisonment for a maximum term of not more than 15 years" (MCL 769.12(1)(c)).

A major controlled substance offense is punished under part 74 of the Public Health Code instead (MCL 769.10(1)(c), 769.11(1)(c), 769.12(1)(d)). A person sentenced under any of the three sections, other than for a major controlled substance offense, is not eligible for parole until the minimum term fixed by the judge expires, unless the sentencing judge or a successor gives written approval for parole at an earlier date authorized by law (MCL 769.12(4)(a)); for a prisoner subject to disciplinary time, there is no such exception (MCL 769.12(4)(b)).

"Serious crime" and "listed prior felony" are terms the section itself defines. Because the habitual sections can carry life, the Michigan life sentence page is useful background.

Can a felony be reduced to a misdemeanor in Michigan?

The definition, default-penalty, guidelines and probation sections covered here (MCL 750.7, 750.8, 761.1, 769.34, 771.2 and 771.4) contain no provision letting a court reclassify a felony conviction as a misdemeanor, the mechanism other states call a "wobbler." Whether a particular offense is a felony or a misdemeanor turns on the penalty its own statute sets.

Civil infractions are not crimes

Michigan's lowest tier of violation is the civil infraction. The Michigan Vehicle Code defines a "civil infraction" as "an act or omission prohibited by law which is not a crime as defined in section 5 of Act No. 328 of the Public Acts of 1931 ... and for which civil sanctions may be ordered" (MCL 257.6a).

For Vehicle Code civil infractions, "Except as otherwise provided, for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act, the person must be ordered to pay a civil fine of not more than $100.00" (MCL 257.907(2)(a)). Other parts of MCL 257.907 set higher fines for listed violations.

How long is probation in Michigan?

Probation is not available for every offense. MCL 771.1(1) allows probation in prosecutions for felonies, misdemeanors or ordinance violations "other than murder, treason, criminal sexual conduct in the first or third degree, armed robbery, or major controlled substance offenses."

The general caps are in MCL 771.2(1), which applies "Except as provided in section 2a of this chapter and section 36 of chapter VIII":

• Misdemeanors and other non-felony offenses: "the probation period must not exceed 2 years."
• Felonies: "the probation period must not exceed 3 years." The court may extend a felony probation term "not more than 2 times for not more than 1 additional year for each extension if the court finds that there is a specific rehabilitation goal that has not yet been achieved, or a specific, articulable, and ongoing risk of harm to a victim that can be mitigated only with continued probation supervision."

MCL 771.2a sets longer limits for some offenses, among others:

• Up to 5 years for a conviction under section 411h of the Penal Code (MCL 771.2a(1)).
• Up to 5 years for a violation of section 136b of the Penal Code "that is designated as a misdemeanor" (MCL 771.2a(3)).
• Up to 5 years for a "violent felony," except as provided in subsections (2) and (6) (MCL 771.2a(4)).
• Any term of years, but not less than 5 years, for aggravated stalking under section 411i of the Penal Code (MCL 771.2a(2)) and, except as otherwise provided by law, for a listed offense under the Sex Offenders Registration Act (MCL 771.2a(7)).

Section 36 of chapter VIII covers a defendant found guilty but mentally ill: if that person is placed on probation, "The period of probation shall not be for less than 5 years" (MCL 768.36(4)).

What happens after a probation violation in Michigan?

Under MCL 771.4(2), "All probation orders are revocable subject to the requirements of section 4b of this chapter, but revocation of probation, and subsequent incarceration, should be imposed only for repeated technical violations, for new criminal behavior, as otherwise allowed in section 4b of this chapter, or upon request of the probationer."

A person accused of a violation "is entitled to a written copy of the charges constituting the claim that he or she violated probation and to a probation revocation hearing" (MCL 771.4(4)). If the court revokes probation, "the court may sentence the probationer in the same manner and to the same penalty as the court might have done if the probation order had never been made" (MCL 771.4(5)). Both the revocation power and the court's disposition are made subject to "the requirements of section 4b of this chapter" (MCL 771.4(2), (5)). For a technical probation violation, MCL 771.4b(1) limits temporary incarceration to not more than 15, 30 and 45 days for the first three violations on felony probation and 5, 10 and 15 days on misdemeanor probation, and a court "shall not revoke probation on the basis of a technical probation violation unless a probationer has already been sanctioned for 3 or more technical probation violations and commits a new technical probation violation" (MCL 771.4b(4)). A technical violation does not include a violation of a no-contact order, a violation of law, alcohol use on felony drunk-driving probation, or absconding (MCL 771.4b(9)(b)), and the incarceration limits do not apply to probation for domestic violence or for stalking under sections 411h and 411i (MCL 771.4b(6)).

Recent changes to Michigan's sentencing and probation sections

The definition sections in the Penal Code (MCL 750.7 to 750.9) were enacted by 1931 PA 328, effective September 18, 1931, and the default felony and misdemeanor punishments in MCL 750.503 and 750.504 were last amended by 2002 PA 722 and 2002 PA 723, effective March 31, 2003. The later amendments are:

• 2017 PA 2, effective June 29, 2017, amended MCL 761.1, the Code of Criminal Procedure definitions.
• 2020 PA 395, effective March 24, 2021, amended MCL 769.34, the sentencing guidelines section.
• 2020 PA 397, effective April 1, 2021, amended MCL 771.2 (probation length) and MCL 771.4 (revocation).

Related legal issues in Michigan

Each offense statute sets its own penalty. The Michigan theft laws page explains how theft penalties rise with value, and the Michigan assault laws page covers the assault offenses. For setting aside an old conviction, see Michigan expungement laws. For the time limits on bringing charges, see the Michigan statute of limitations.

Federal law, 18 U.S.C. 922(g)(1), bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Michigan theft laws
• Michigan assault and battery laws
• Michigan expungement laws
• Ohio felony degrees and misdemeanor penalties
• Indiana felony and misdemeanor classes

This article provides general legal information about Michigan felony and misdemeanor definitions and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Michigan.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Michigan?

Under the Penal Code, a felony is an offense punishable by death or by imprisonment in state prison (MCL 750.7), and a misdemeanor is a punishable act or omission that is not a felony (MCL 750.8). The Code of Criminal Procedure defines a felony as an offense punishable by more than 1 year or expressly designated a felony (MCL 761.1(f)).

Does Michigan have Class A, B or C felonies?

Not as penalty classes. Each offense statute sets its own maximum. The letters A through H are sentencing guidelines offense classes used to find a recommended minimum sentence range (MCL 777.21).

What is the penalty for a misdemeanor in Michigan if the statute does not say?

A misdemeanor with no punishment specially prescribed is punishable by up to 90 days of imprisonment, a fine of up to $500, or both (MCL 750.504). A prohibited act with no penalty stated anywhere is a misdemeanor (MCL 750.9).

What is the default felony penalty in Michigan?

A felony with no punishment specially prescribed carries up to 4 years, a fine of up to $5,000, or both (MCL 750.503). A common-law indictable offense with no statutory punishment carries up to 5 years in state prison, up to $10,000, or both (MCL 750.505). Habitual-offender sections can raise these maximums (MCL 769.10 to 769.12).

Is a civil infraction a crime in Michigan?

No. The Vehicle Code defines a civil infraction as an act or omission that is not a crime and for which civil sanctions may be ordered (MCL 257.6a). The civil fine for a Vehicle Code civil infraction is up to $100 except as otherwise provided (MCL 257.907(2)(a)).

Does Michigan have wobblers?

The definition, guidelines and probation sections covered here (MCL 750.7, 750.8, 761.1, 769.34, 771.2 and 771.4) contain no provision letting a court reclassify a felony conviction as a misdemeanor. Whether an offense is a felony turns on the penalty its own statute sets.

How long is probation in Michigan?

Except as provided in MCL 771.2a and section 36 of chapter VIII, probation may not exceed 2 years for a non-felony or 3 years for a felony, and a felony term may be extended up to 2 times by up to 1 year each on specific findings (MCL 771.2(1)). MCL 771.2a allows up to 5 years for a violent felony and some other offenses, and any term of at least 5 years for aggravated stalking and listed sex offenses; a guilty-but-mentally-ill probation term is at least 5 years (MCL 768.36(4)). Probation is unavailable for murder, treason, first- or third-degree criminal sexual conduct, armed robbery and major controlled substance offenses (MCL 771.1(1)).

What happens if you violate probation in Michigan?

The probationer is entitled to written charges and a revocation hearing (MCL 771.4(4)). Revocation and incarceration should be imposed only for repeated technical violations, new criminal behavior, as allowed in section 4b, or on the probationer's request (MCL 771.4(2)); if probation is revoked, the court may sentence the probationer as if the probation order had never been made (MCL 771.4(5)). For a technical violation, MCL 771.4b caps jail time and limits revocation, with exceptions such as domestic violence and stalking probation.