Misdemeanors

Flint Misdemeanor Attorney

Defending Clients Against Misdemeanor Charges in Michigan

A misdemeanor charge in Genesee County can look minor on paper. Then a background check, a job application, or a license renewal brings it back. I defend people charged with misdemeanors in Flint because a conviction can follow you long after the case closes.

Michigan law defines a misdemeanor as a violation of state law that is not a felony. It defines a felony as a crime punishable by more than one year of imprisonment, or one the law expressly labels a felony (MCL 761.1). Even so, a misdemeanor can bring jail time, fines, probation, and a permanent record.

Call 810-498-2370 or contact me online to schedule your confidential consultation. Early choices, like what you tell police and how you handle your first court date, can shape the rest of the case.

What Counts as a Misdemeanor in Michigan?

The label covers a wide range of conduct, from a first-time traffic-related offense to an assault charge. My guide to what a misdemeanor is in Michigan breaks down how these cases differ from felonies.

When a statute names a crime a misdemeanor but sets no penalty, the default is up to 90 days in jail, a fine of up to $500, or both (MCL 750.504). Many offenses set their own limits. Here are three examples:

  • Assault or assault and battery, when no other punishment applies: up to 93 days in jail, a fine of up to $500, or both (MCL 750.81)
  • Domestic violence, first offense: the same 93-day and $500 limits. A prior conviction for the same kind of offense raises the maximum to one year and $1,000, and two or more prior convictions make it a felony with up to five years in prison.
  • OWI, first offense: a judge can order up to 360 hours of community service, up to 93 days in jail, a fine of $100 to $500, or a combination (MCL 257.625)

Those numbers are maximums. A judge decides the actual sentence, and the facts of your case matter. Michigan district courts hear misdemeanors punishable by up to one year in jail, and they handle arraignments and bail, so your case starts there (MCL 600.8311).

Common Misdemeanor Charges I Defend in Flint, MI

I see the same kinds of charges across Flint and the rest of Genesee County. Each one comes with its own evidence problems and its own long-term consequences.

OWI and DUI Charges

Operating while intoxicated is one of the most common misdemeanor charges in Michigan. Prosecutors can file it when a driver is under the influence of alcohol or drugs, or when a test shows 0.08 grams or more of alcohol per 100 milliliters of blood. A reading of 0.17 or higher brings tougher penalties, up to 180 days in jail and a fine of $200 to $700. Read more about my OWI and DUI defense.

Domestic Violence and Assault and Battery

These cases often come down to one person’s word against another’s. A first offense is a misdemeanor, but prior convictions raise the stakes fast. I review the 911 call, any photos or messages, and the timeline of events before settling on a strategy. Learn more about domestic violence charges and assault and battery charges.

Drug Possession and Theft Charges

Michigan law treats some drug possession as a felony and other possession as a misdemeanor, depending on the substance and the amount (MCL 333.7403). Theft charges turn on dollar value. Under the larceny statute, taking property worth less than $200 is a misdemeanor with up to 93 days in jail. Property worth $200 to less than $1,000 is a misdemeanor with up to one year, and $1,000 or more is a felony (MCL 750.356).

A charge that looks small can still carry real weight. My pages on drug crimes and theft offenses go into more detail.

What Happens After a Misdemeanor Charge in Flint?

Your case starts in district court, and your first court date is the arraignment. My guide on what to expect at your first arraignment walks through that day step by step.

Pretrial hearings follow. That is when I raise problems with the evidence and talk with the prosecutor about options. Some cases end in a dismissal or a reduced charge, and others go to trial.

I cannot promise a result, and no honest attorney can. What I can do is go through every piece of the case with you before you decide how to plead.

How I Fight Misdemeanor Charges

Every defense starts with the facts. I request the police report, look at any video, and study how officers handled the stop, the search, or the arrest. My post on your rights during a police search in Michigan explains why that step can change a case.

From there, my approach depends on what the evidence shows:

  • Challenging a stop or search when police skipped a legal step
  • Questioning test results, witness accounts, or gaps in the evidence
  • Negotiating with the prosecutor for a reduced charge or a dismissal
  • Taking the case to trial when a plea offer does not make sense

The Hidden Costs of a Misdemeanor Conviction

The sentence is only part of the story. A conviction goes on your record and can come up when an employer, a landlord, or a licensing board runs a background check. In some fields it can slow or block a professional license, so I weigh the long-term effects before I recommend any plea.

Probation terms matter too. Missing a check-in or skipping a court-ordered class can turn a short case into a longer one.

Setting Aside a Misdemeanor Conviction in Michigan

Michigan law lets some people apply to set aside a conviction after a waiting period. For a misdemeanor that is not a serious misdemeanor, the wait is three years after the latest of sentencing, finishing any jail term, or finishing probation. For a serious misdemeanor or a first OWI conviction, the wait is five years (MCL 780.621d).

Some convictions cannot be set aside at all. That list includes OWI convictions, with a narrow exception for a first OWI, and any traffic offense that causes injury or death (MCL 780.621c). Whether you qualify also depends on your full record, including how many convictions you have and what kind (MCL 780.621).

My record expungement page and my guide to how expungement works in Michigan explain the process, and I can review your eligibility with you.

Why Clients Hire Me as Their Flint Misdemeanor Lawyer

I am a long-time Genesee County resident, and my practice is devoted exclusively to criminal defense. These cases get my full focus, and I treat every client fairly and straight.

I explain each step in plain language and tell you what to expect before every hearing. You will know where your case stands, and you will make the decisions about it.

Misdemeanor Questions I Hear Often

How much jail time can a misdemeanor carry in Michigan?

It depends on the offense. A misdemeanor with no stated penalty carries up to 90 days, while assault, first-offense domestic violence, and first-offense OWI carry up to 93 days. Because the law defines a felony as a crime punishable by more than one year, misdemeanors generally max out at one year. A judge sets the actual sentence.

What court hears a misdemeanor case in Flint?

A district court. Michigan district courts have jurisdiction over misdemeanors punishable by up to one year in jail.

Should I talk to police before I call a lawyer?

You have the right to stay silent and to ask for an attorney. Say that clearly, stay polite, and call me. Anything you say can end up in the police report.

Call 810-498-2370 to schedule your confidential consultation. When your record and your freedom are on the line, you can’t afford not to call. I will tell you where your case stands and what your options are.