Felony vs. Misdemeanor in Michigan: What the Difference Means for Your Case

A look at how Michigan sorts crimes into felonies and misdemeanors, which court hears each one, how the steps differ, and what each can mean for your record and your future.

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

In Michigan, a felony is generally a crime that can be punished by more than one year in prison, while a misdemeanor carries less. Misdemeanors punishable by up to one year are handled start to finish in district court. Felonies begin in district court and then move to circuit court for trial and sentencing.

How Michigan Defines the Two

The Code of Criminal Procedure defines a felony as a violation of state law that can be punished by imprisonment for more than one year, or an offense the law expressly calls a felony (MCL 761.1). A misdemeanor is a violation of state law that is not a felony.

When a law calls something a misdemeanor but does not list a penalty, the default is up to 90 days in jail, a fine of up to $500, or both (MCL 750.504). Many misdemeanors have their own penalties, such as 93 days or one year. City and township ordinance violations are handled much like misdemeanors.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

Which court hears a misdemeanor in Michigan?

District court hears misdemeanors punishable by up to one year, from arraignment through trial and sentencing, under MCL 600.8311.

That means a misdemeanor charged in Wyandotte stays in the 27th District Court, and one charged in the City of Monroe stays in the 1st District Court. Sentences for misdemeanors are served in the county jail, not state prison.

What happens in a felony case?

A felony starts in district court with an arraignment, a probable cause conference, and a preliminary examination, and then moves to circuit court if it is bound over.

In district court, the judge sets bond and the case goes to a probable cause conference. At the preliminary examination, the prosecutor must show there is probable cause that a crime was committed and that you committed it. If the judge finds probable cause, or you waive the exam, the case is bound over to circuit court. For Downriver cases, that is the Third Circuit Court in Wayne County. For Monroe County cases, it is the Monroe County Circuit Court. Trial, plea, and sentencing then happen in circuit court.

Why the Label Matters

The difference goes beyond the possible sentence. A felony conviction can affect your right to own a firearm, some jobs and professional licenses, housing, and immigration status. A prior felony can also raise the possible penalty on a later felony under Michigan's habitual offender law (MCL 769.10 and the sections that follow it).

Probation terms differ too. For a misdemeanor, probation cannot exceed two years. For a felony, the limit is generally three years, with limited extensions allowed (MCL 771.2).

Can a felony be reduced to a misdemeanor?

Sometimes a felony charge is resolved with a plea to a misdemeanor, but that depends on the facts, your record, and the prosecutor's decision in your case.

Some charges, like retail fraud and larceny, have felony and misdemeanor versions based on the dollar amount or prior convictions. Michigan also has programs that can keep certain convictions off your public record, such as HYTA for young adults. My guides on specific charges explain the options for each one.

Can a felony or misdemeanor be expunged in Michigan?

Many felonies and misdemeanors can be set aside in Michigan after a waiting period, but some offenses are not eligible. See my expungement guide for the details.

What to Gather, What to Avoid, and the Bottom Line

Keep your charging papers, bond paperwork, and every court notice in one folder. Look for the word "felony" or "misdemeanor" and the statute number on the complaint, and bring those papers to your lawyer.

What not to do:

Do not assume a misdemeanor is minor. Jail, probation, and a record are all possible.
Do not talk about your case with anyone except your lawyer.
Do not miss court. A missed date can lead to a bench warrant.
Do not waive a preliminary examination without talking it through with a lawyer first.

Whether your charge is a felony or a misdemeanor decides which court you will be in, how the case moves, and what is at stake. Find out early.

How I Can Help

If you are charged with a felony or misdemeanor in Downriver (Wayne County), Monroe County, or nearby, I can review your charging papers, explain the process and your options, and represent you in district and circuit court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.