Criminal penalties in Michigan run from small civil fines for traffic tickets up to life in prison for the most serious felonies, with the specific punishment set by the statute defining the offense, the defendant’s prior record, and mandatory add-ons the court cannot waive. The Michigan Penal Code at MCL Chapter 750 covers most crimes, the Michigan Vehicle Code handles driving offenses, and separate statutes govern sentencing enhancements, license consequences, and record-clearing. Knowing which bucket a charge falls into tells you the real exposure.
How Michigan Sorts Offenses
The line between a felony and a misdemeanor in Michigan comes down to one question: can the offense be punished by imprisonment in a state prison? If yes, it is a felony. If not, it is a misdemeanor.1Michigan Legislature. Michigan Compiled Laws 750.7 – Felony Defined Below both sits a third category, civil infractions, which carry fines and license points but no jail time at all.
Michigan does not grade misdemeanors by letter the way some states do. Each statute sets its own maximum. Felonies, by contrast, are organized into eight classes used for sentencing calculations.
What a Misdemeanor Can Cost You
Most Michigan misdemeanors fall into one of a few recognizable tiers. The common tier caps punishment at 93 days in county jail, a fine of up to $500, or both. When a statute labels something a misdemeanor but says nothing about the penalty, the default under MCL 750.504 is 90 days and a $500 fine. A step up from there, many offenses carry a maximum of one year in jail, with fines set by individual statutes typically between $1,000 and $2,500.
A smaller group sits in an unusual middle ground. These “high court misdemeanors” are labeled misdemeanors but carry maximums above one year, sometimes up to two, and they are handled in circuit court. Under MCL 769.28, anyone sentenced to one year or less serves that time in county jail; sentences above one year go to a state facility, even if the offense carries the misdemeanor label.2Michigan Legislature. Michigan Compiled Laws 769.28 – Commitment or Sentence for Maximum of 1 Year; Place
What a Felony Can Cost You
Felonies are grouped into eight crime classes, from H (least serious) to A (most serious). The classes correspond to general imprisonment ranges, but the statutory maximum written into the specific offense always controls the top end.3Michigan Courts. Michigan Sentencing Guidelines Manual
- Class H: jail or an intermediate sanction such as probation
- Class G: up to 2 years
- Class F: up to 4 years
- Class E: up to 5 years
- Class D: up to 10 years
- Class C: up to 15 years
- Class B: up to 20 years
- Class A: life imprisonment or any term of years
Fines are all over the map. Some statutes name a specific dollar amount, others leave it to the judge. Violent crimes and large-scale fraud offenses can carry fines into the tens of thousands, often on top of restitution to victims. Judges calculate a recommended minimum sentence from a grid weighing offense severity against prior record, with discretion to depart.
Repeat Felonies Raise the Ceiling
Prior felony convictions dramatically raise the maximum a judge can impose on a new felony, regardless of what the earlier felonies were. Prosecutors use these enhancements routinely.
A second-felony offender faces a potential maximum of up to one and a half times the longest prison term allowed for a first conviction of the same offense.4Michigan Legislature. Michigan Compiled Laws 769.10 – Second Felony Offender A 10-year maximum becomes 15.
For a fourth or subsequent felony, the stakes jump sharply. If the new offense normally carries a maximum of five years or more, the court can impose a life sentence. If the maximum is less than five years, the enhanced ceiling becomes 15 years. And when the new offense qualifies as a “serious crime” and the person has certain prior violent or major felony convictions, the court must impose a minimum sentence of at least 25 years.5Michigan Legislature. Michigan Compiled Laws 769.12 – Fourth or Subsequent Felony Offender
Drunk Driving Penalties
Operating while intoxicated is prosecuted under MCL 257.625, with penalties that escalate steeply by conviction number. Michigan also imposes enhanced punishment for drivers at a BAC of 0.17 or higher, the “high BAC” threshold.
First Offense
A standard first OWI is a misdemeanor punishable by up to 93 days in jail, a fine of $100 to $500, and up to 360 hours of community service. At 0.17 BAC or higher, the jail maximum doubles to 180 days and the fine range becomes $200 to $700.6Michigan Legislature. Michigan Compiled Laws 257.625 – Operating Motor Vehicle While Intoxicated A standard first offense triggers a 180-day license suspension with a restricted license available after 30 days; a high-BAC first offense extends the suspension to one year with restrictions available after 45 days.7Michigan Courts. Operating While Intoxicated (OWI) Section 625(1)
Second Offense Within Seven Years
A second OWI within seven years of a prior carries a mandatory minimum of five days in jail, up to one year maximum, a fine of $200 to $1,000, and 30 to 90 days of community service. The jail time cannot be suspended unless the defendant completes a specialty court program such as a sobriety court.6Michigan Legislature. Michigan Compiled Laws 257.625 – Operating Motor Vehicle While Intoxicated The Secretary of State revokes the license for at least one year with no restricted license available during that period.
Third Offense
A third OWI is a felony no matter how much time has passed since the earlier convictions. Michigan uses a lifetime lookback, so prior OWI convictions from decades ago still count. Penalties include a fine of $500 to $5,000 plus either one to five years in state prison, or probation with 30 days to one year in county jail combined with 60 to 180 days of community service.6Michigan Legislature. Michigan Compiled Laws 257.625 – Operating Motor Vehicle While Intoxicated The court must also order vehicle immobilization or forfeiture, and license revocation is mandatory for at least one year.
OWI Causing Serious Injury or Death
When impaired driving kills someone, the offense is a felony carrying up to 15 years in prison and fines of $2,500 to $10,000. If the driver had a BAC of 0.17 or above and a prior OWI within seven years, the maximum rises to 20 years. Causing serious bodily injury while intoxicated is punishable by up to five years and fines of $1,000 to $5,000, with an enhanced maximum of 10 years for high-BAC repeat offenders.6Michigan Legislature. Michigan Compiled Laws 257.625 – Operating Motor Vehicle While Intoxicated
Traffic Tickets and License Points
Non-criminal traffic violations are handled as civil infractions. No jail. Penalties are fines plus points added to your driving record by the Michigan Secretary of State under MCL 257.320a.8Michigan Legislature. Michigan Compiled Laws 257.320a – Recording Date of Conviction, Civil Infraction Determination, and Number of Points Speeding ranges from 2 points (more than 5 but not more than 10 mph over) to 4 points (more than 15 mph over). Running a red light or stop sign and careless driving each add 3 points. Minor equipment violations add none. Most common tickets fine out at roughly $100 to $300, depending on the court and the violation.
Accumulating 12 or more points within a two-year period triggers a mandatory driver assessment reexamination by the Secretary of State, which can lead to license restriction, suspension, or revocation.9Michigan Secretary of State. Chapter 2 – Your Driving Record Driving privileges really come under threat around 8 or 9 points, so that is where most drivers start paying attention.
The Costs That Aren’t in the Sentence
Statutory fines are only part of the bill. Every conviction, felony or misdemeanor, triggers a crime victim rights assessment the court cannot waive or suspend: $130 for a felony, $75 for a misdemeanor. It applies even to cases resolved through delayed sentencing, deferred judgment, or youthful trainee status.10Michigan Courts. Crime Victim Assessment
Courts can also order restitution to victims for medical expenses, property damage, lost wages, and other documented losses. Unlike fines, restitution goes directly to the person harmed and can be enforced as a condition of probation or parole. Court costs, supervision fees, and substance-abuse testing fees add further. The combined financial burden of a felony conviction regularly reaches several thousand dollars beyond the statutory fine.
Life After the Sentence
The written penalty often is not the heaviest part. A conviction carries consequences that outlast any sentence.
Under federal law, any felony conviction prohibits you from possessing firearms or ammunition for life, unless the conviction is set aside or your rights are specifically restored. This applies to all felonies, not just violent ones.11United States Sentencing Commission. Section 922(g) Firearms Certain Michigan misdemeanor convictions involving domestic violence also trigger a federal firearms ban.
Convictions for listed sex offenses require registration under the Sex Offenders Registration Act. Anyone convicted of a listed offense after October 1, 1995 must register, as must people required to register in other states.12Michigan Legislature. Michigan Compiled Laws 28.723 – Individuals Required to Be Registered Registration lasts 15 years, 25 years, or a lifetime depending on the assigned tier.
A felony record can disqualify you from professional licenses, government employment, and housing applications. Michigan limits when employers can ask about criminal history for certain positions, but the practical hit to job prospects remains one of the heaviest consequences the system imposes.
One common assumption is wrong, and it is worth correcting: a past felony does not permanently cost you the vote in Michigan. Voting rights are restored automatically on release from incarceration, and you can vote while on probation, on parole, or in jail awaiting sentencing.13State of Michigan. Voting Is a Civil Right
Clearing a Record
Michigan’s Clean Slate legislation created both a petition path and an automatic set-aside for older convictions. To petition to set aside one felony or one serious misdemeanor, you must wait at least five years from the latest of sentencing, completion of probation, discharge from parole, or release from prison. For multiple felonies the wait is seven years, and for ordinary misdemeanors that are not serious or assaultive, three.14Michigan Legislature. Michigan Compiled Laws 780.621d – Application to Set Aside Conviction; Time Requirements You cannot have charges pending or new convictions during the waiting period, and the court weighs your circumstances before granting a set-aside.
Under MCL 780.621g, certain convictions are automatically set aside with nothing filed on your end. Eligible felonies are set aside 10 years after the latest of sentencing or completion of any term of imprisonment with the Department of Corrections. The automatic process depends on records held in the Michigan State Police database, and not every felony qualifies. Offenses requiring sex offender registration and life-offense felonies are excluded from both automatic and petition-based expungement.