What is a Misdemeanor? Understanding Charges and Penalties in Michigan

Walking through the doors of the 67th District Court in downtown Flint is a heavy experience for anyone. Whether you were pulled over on I-75 or received a formal complaint filed in Genesee County, the word “misdemeanor” often feels like a confusing middle ground. It is not as severe as a felony, but it is much more serious than a simple civil infraction, such as a speeding ticket.

I have spent over two decades living and working in Genesee County, and I have seen how a single mistake can cloud a person’s future. My goal is to help you understand precisely what you are up against. In Michigan, a misdemeanor is a criminal offense that can result in jail time, fines, and a permanent criminal record.

The Legal Definition of a Misdemeanor in Michigan.

Under the Michigan Penal Code, specifically MCL 750.8, a misdemeanor is defined as any act or omission that is not a felony but is punishable by a fine, penalty, forfeiture, or imprisonment. While felonies are crimes that can send you to state prison, misdemeanors are typically handled in local district courts, and any jail time is served in the county jail.

Even though these charges are often called “minor” by people who do not have to face them, the reality is that they stay on your record and show up on background checks for jobs, housing, and loans.

The Three Categories of Misdemeanors in Michigan.

Michigan does not use a lettered “class” system like some other states (such as Class A or Class B). Instead, the law categorizes misdemeanors by the maximum jail time a judge can impose if you are convicted.

93-Day Misdemeanors.

These are standard criminal charges in Mid-Michigan. Many first-time offenses fall into this category. If you are convicted, you face up to 93 days in jail and fines up to $500. Examples include:

• Assault and Battery: A simple physical altercation without a weapon (MCL 750.81).
• Retail Fraud, Third Degree: Shoplifting items valued at less than $200 (MCL 750.356d).
• Operating While Intoxicated (OWI): A first-offense drunk driving charge with a BAC under 0.17 (MCL 257.625).

One-Year Misdemeanors.

These are more serious offenses that involve greater harm or a repeat offense. These carry a maximum of one year in the county jail and fines of up to $1,000. Some examples of these types of misdemeanors are:

• Aggravated Assault: An assault that causes a serious or aggravated injury without a weapon (MCL 750.81a).
• Retail Fraud, Second Degree: Shoplifting items valued between $200 and $1,000 (MCL 750.356d).
• Larceny: Stealing property valued between $200 and $1,000 (MCL 750.356).

High Court Misdemeanors.

This is a unique category in Michigan law. While they are called misdemeanors, they essentially function as felonies for procedural purposes. These are punishable by up to two years in prison.

Because the potential sentence exceeds one year, these cases are often moved from the District Court to the Genesee County Circuit Court. Common high court misdemeanors include certain drug possession charges or “resisting and obstructing” a police officer (MCL 750.81d).

What Happens After You’re Arrested in Flint?

If you are charged with a misdemeanor in Flint or the surrounding townships, your case will likely begin at the 67th District Court. The process generally follows a specific sequence:

1. Arraignment: This is your first appearance. The judge reads the charges against you and sets a bond. This is where you enter a plea of guilty, not guilty, or stand mute.
2. Pre-Trial Conference: This is an opportunity for your attorney to meet with the prosecutor. Our diligent and experienced law office will review the evidence, identify weaknesses in the prosecution’s case, and determine whether a favorable resolution can be reached without a trial.
3. Sentencing: If there is a conviction or a plea, the judge determines the penalty. In Genesee County, the 67th District Court Probation Department often conducts a “Presentence Investigation” to give the judge a recommendation on your background and the circumstances of the case.

Penalties and Long-Term Consequences.

The hidden costs of a misdemeanor often outweigh the immediate fines. While Michigan law presumes non-jail sentences for many ordinary misdemeanors, a judge still has discretion to order jail time if they find reasonable grounds.

Beyond jail and fines, a conviction can also lead to:

• Probation: You may be required to check in with a probation officer, pass drug tests, and complete community service for up to two years.
• Driver’s License Sanctions: OWI and other traffic-related misdemeanors can lead to restricted, suspended, or revoked licenses through the Secretary of State.
• Professional Licensing: Many careers in healthcare, education, or law enforcement require a clean criminal record.
• Travel Restrictions: Even a misdemeanor can sometimes complicate travel to other countries.

Can a Misdemeanor Be Removed?

There is good news for those worried about their future. Michigan’s Clean Slate laws have expanded the ability to expunge or set aside convictions. Many misdemeanors can now be removed from your public record after a specific waiting period, provided you meet the requirements. This can be a vital step in moving forward with your life after a legal setback.

Why Honest and Transparent Representation Matters.

When you are facing a criminal charge, you do not need someone to tell you what you want to hear. You need a coach and a legal leader who will tell you the truth.

My practice is built on transparency and hard work for my clients. I have lived in this community for over 20 years, and I treat every client with the individual attention they deserve. We sit down, establish clear goals at the start, and work toward the best possible disposition for your specific situation.

If you or a loved one is dealing with a misdemeanor charge in Genesee County, do not wait until the last minute to find help. I am here to explain your rights and provide the comfort that comes with a well-thought-out, strategic plan. Contact Clint W. Perryman PC today at 810-498-2370 to schedule a consultation and start protecting your freedom and your future.