Michigan Criminal Defense

Charged with a Crime in Michigan?

Criminal Defense Lawyers Explain Charges and Penalties

A criminal conviction can drastically affect the rest of your life. You may face the possibility of jail time, fines and other penalties, and your reputation may be damaged. Additionally, a conviction may prevent you from finding work and/or housing in the future. Since so much hangs in the balance, you should always work a criminal defense lawyer with a history of success. Even innocence is not always an ironclad defense – law enforcement and prosecutors may not care about your side of the story, but will simply focus on getting a conviction. An attorney can work to enforce your rights and expose any misconduct or negligence that may have led to your arrest. In many cases, a good lawyer can get your charges or penalties reduced, minimizing the negative impact on your life.

If you have been arrested or someone you know was taken into police custody, then you should find a lawyer as quickly as possible. No matter what kinds of charges you face, from a misdemeanor to a felony, finding an attorney you trust is essential. To speak with a local Michigan criminal lawyer today, consult our local listings.

What Are the Basic Types of Criminal Charges?

The type of criminal charge you face may vary depending on the nature of the alleged crime. Although each state has its own specific classifications, the general types of charges are:

• Infraction. An infraction is the least serious type of charge you can face. In fact, some states handle infractions as civil cases, rather than criminal cases. Traffic violations and other minor offenses usually fall into this category. Jail is generally not a possibility for infractions, so you are not entitled to a jury trial and the state will usually not appoint you a lawyer. However, you can still hire one of your own.
• Petty offense. Some states categorize low-level criminal conduct as petty offenses. This may include illegal acts like gambling, disturbing the peace, public indecency, pollution violations and theft of items of low value.
• Misdemeanor. A misdemeanor is a more serious charge and county courts typically handle these cases. Common misdemeanor charges include assault, criminal trespass, theft and certain drug crimes, including possession and sale.
• Felony. This is the most serious type of criminal charge and state and/or federal courts usually handle these cases. Common felonies include murder, kidnapping, sexual assault, robbery, vehicular homicide, assault with a deadly weapon, burglary and certain drug crimes.

In some cases, a criminal defense lawyer can negotiate on your behalf with the prosecution to reduce the severity of the charges you face. If the court reduces your charge from a low-level felony to a misdemeanor, for example, then the repercussions you face may be much less serious.

What Is the Penalty for a Misdemeanor in Michigan?

Each state has its own system for classifying misdemeanor and felony charges, and penalties may vary as well. Michigan has three classes of misdemeanors: misdemeanors punishable by up to 93 days in jail, misdemeanors punishable by up to one year in jail, and high court misdemeanors which are punishable by up to two years in prison and are similar to felonies.

The general penalties you may face for different types of criminal charges in Michigan are:

• Misdemeanors Punishable by up to 93 Days in Jail. These crimes can be charged under state law or local laws, and some are crimes under both. Under state law, a person convicted of this misdemeanor can be sentenced to jail time or fined up to $500, or both. Crimes under this classification typically include, but are not limited to, assault and battery, disturbing the peace, and embezzlement of property or money valued at less than $200.
• Misdemeanors Punishable by up to One Year in Jail. A court can sentence a person convicted of this misdemeanor to jail or impose a fine up to $1,000, or both. Crimes under this classification typically include, but are not limited to, larceny (property valued at $200 or more but less than $1,000), retail fraud in the second degree (shoplifting), and intentional discharge of a firearm (without intent to injure).
• High Court Misdemeanors. A court can sentence a person convicted of this misdemeanor up to two years in prison or a fine up to $2,000, or both.  Crimes under this classification typically include, but are not limited to, indecent exposure and negligent homicide (by vehicle).

What Is the Penalty for a Felony in Michigan?

Like misdemeanors, each state has its own system for what qualifies as a felony and what penalties may result from a conviction. In Michigan, a felony is a crime that is punishable by two years or more, and state law categorizes felonies into eight classes: Class A felonies through Class H. Class A felonies are the most serious felony crimes in Michigan. Individual Michigan courts may can impose fines as part of the sentence for any felony at their discretion. The amount of the fine depends on the specific crime for which the defendant is being sentenced.

Common felonies include:

• Assault with a weapon.
• Third offense drunk driving.
• Second offense possession of marijuana.
• Possession of cocaine, heroine, or controlled substance without a prescription.
• Many theft offenses including larceny in a building, home invasion, burglary, and larceny over $1,000.00.

In Michigan, felony penalties include:

• Class A Felony. Punishable by up to life in prison or any number of years in prison. This class includes crimes such as first and second degree murder, assault with a deadly weapon (with intent to rob or steal), kidnapping, and criminal sexual conduct in the first degree.
• Class B Felony. Punishable by up to 20 years in prison. This class includes crimes such as second degree arson, second degree child abuse (second or subsequent offense), and production of child sexually abusive material (child pornography).
• Class C Felony. Punishable by up to 15 years in prison. This class includes crimes such as manslaughter, human trafficking that results in injury to another person, and robbery.
• Class D Felony. Punishable by up to 10 years in prison. This class includes crimes such as larceny involving property valued at $20,000 or more, embezzlement of property valued at $20,000 or more, and human trafficking.
• Class E Felony. Punishable by up to 5 years in prison. This class includes crimes such as larceny involving property valued at $20,000 or more, embezzlement of property valued at $20,000 or more, and human trafficking.
• Class F Felony. Punishable by up to 4 years in prison. This class includes crimes such as the manufacture, delivery, or possession with intent to deliver less than 5 kilograms of marijuana, and unauthorized loan and credit applications (preparation and/or submission).
• Class G Felony. Punishable by up to 2 years in prison. This class includes crimes such as  drawing on insufficient funds in an amount greater than $500 (writing a bad check), lobbyists giving gifts, and domestic assault (second or subsequent conviction).
• Class H Felony. Class H felonies encompass crimes for which the defendant can be sentenced either time in jail, or to alternatives such as probation, treatment or electronic monitoring, depending on the particulars of the offense and factors regarding the offender. Sentences for these crimes are variable and governed by the Michigan Sentencing Guidelines. While H class crimes are often determined on a case-by-case basis, the class typically includes crimes such as using a stolen state identification card to commit a felony, or false representation to obtain or misuse personal information.

Need a Michigan Criminal Defense Lawyer? We Can Help

If you are facing any level of criminal charge, then a qualified lawyer may be essential to protecting your future. Additionally, if someone you know is currently in police custody, then you may wish to reach out to a lawyer on his or her behalf. To find a Michigan criminal defense lawyer in your area, then consult our attorney listings. If you have general question about criminal law or certain charges, then do not hesitate to ask the lawyers™.