Michigan Felony: Laws, Penalties, Sentencing, and Records

A felony in Michigan is a serious crime. It carries a sentence of longer than one year in state prison. Felonies may carry significant prison time, along with serious fines, loss of civil rights, and a permanent criminal record. Michigan does not categorize felonies into categories (such as A-D or 1-6). Also, the state does not use a grid or levels of sentencing but rather assigns to each felony a statutory penalty and applies the Michigan Sentencing Guidelines. This is based on the severity of the offense as well as the defendant's prior record..

What Is Considered a Felony in Michigan?

In Michigan, felonies are defined under the Michigan Penal Code (MCL Chapter 750). Pursuant to Michigan’s statutory provisions, the following crimes are classified as felonies:

• Violent Crimes: These include offenses such as murder, manslaughter, and criminal sexual conduct (rape). It also involves robbery, kidnapping, and assault with the intent to commit murder.
• Drug Crimes: Under Michigan law, crimes such as the manufacture of controlled substances, drug trafficking, and possession with intent to distribute are classified as felonies.
• Property Crimes: In Michigan, property-related felonies include arson, unlawful entry, and motor vehicle theft (MVT). Also, larceny involving property valued in excess of $1,000 is also considered a felony.
• White-Collar Crimes: These include fraud, embezzlement, identity theft, and forgery.
• Weapon Offenses: This category of felony includes the possession of a firearm while committing a felony and the unlawful sale of firearms.

Certain misdemeanor offenses may be elevated to felony status under the Michigan law when the conduct involves aggravating factors. The following are the conditions in which misdemeanors may be considered as felonies:

• Theft becomes a felony when the stolen property exceeds $1,000 in value.
• An assault is elevated to a felony status if a deadly weapon is used or serious injury occurs.

What Is a Felony in Michigan?

Michigan law defines a felony as any offense punishable by more than one year in the state’s prison. Misdemeanors, by contrast, carry penalties of up to one year in a county jail.

The consequences of a felony conviction in Michigan include:

• Prison terms ranging from 1 year to life imprisonment.
• Fines that may reach up to $50,000 or more for severe felonies.
• Loss of rights subject to the suspension of certain civil rights, including the possession of firearms, serving on a jury, and voting while incarcerated.
• A permanent criminal record may impact opportunities for employment, tenancy, professional licensure, and immigration status.

Felony Penalties in Michigan

Michigan does not use a uniform felony classification system. Penalties are determined by the particular statute under which an offense is charged.

Examples of Michigan Felony Penalties

• First-Degree Murder: Perpetrators are sentenced to life imprisonment without the possibility of parole.
• Second-Degree Murder: It carries a sentence of any term of years up to life imprisonment.
• Manslaughter: This takes up to 15 years of imprisonment.
• First-Degree Criminal Sexual Conduct (Rape): This results in life imprisonment.
• Armed Robbery: It may lead to life imprisonment or any term of years, depending on the case.
• Carjacking: Carjacking is punishable by life imprisonment under Michigan Law.
• Arson (First Degree): Offenders are sentenced to life imprisonment.
• Drug Trafficking (over 1,000 grams): Anyone who is guilty of this offense is charged with a mandatory life sentence in prison.

Felony Sentencing Guidelines in Michigan

The Michigan Sentencing Guideline Act, codified in MCL 777, establishes a rule for determining felony sentences. While judges apply these guidelines, they may exercise discretion to impose alternative sentences in appropriate situations.

Key Sentencing Factors

1. Offense Variables (OVs): This measures the severity of the crime, including elements such as weapon use or the number of victims involved.
2. Prior Record Variables (PRVs): This is an assessment of the defendant’s criminal history. It includes prior adult convictions and juvenile adjudications, which determine the sentencing outcome.
3. Sentencing Grid: Michigan uses a grid system that combines OVs and PRVs to generate a recommended sentence range in months or years for each felony offense.
4. Mandatory Minimums: Certain crimes, such as firearm possession during a felony and large-scale drug trafficking, carry mandatory prison terms. Judges are required to enforce these sentences without deviation.
5. Aggravating Factors: These are circumstances that increase the gravity of an offense. Crimes that are influenced by aggravating factors involve those targeted at multiple victims and vulnerable individuals. It also includes crimes involving the use of firearms and gang-related activity.
6. Mitigating Factors: These are circumstances that may justify a reduced sentence. This includes a person’s status as a first-time offender, cooperation with law enforcement, or evidence of rehabilitation.
7. Habitual Offender Enhancements: Under Michigan’s habitual offender statute, repeat offenders may face enhanced penalties, which may double or triple punishment or even result in life imprisonment. This largely depends on the number and nature of prior convictions.
8. Probation and Parole: Nonviolent felony offenders may be eligible for probation instead of incarceration. The Michigan Parole Board determines eligibility based on factors such as rehabilitation and risk assessment.

Furthermore, a felony firearmconviction mandates a separate, two-year prison sentence even if the primary crime carries its own penalty.

Felony Laws and Procedures in Major Michigan Cities

Detroit (Wayne County)

Felony prosecutions in Detroit are handled by the Third Judicial Circuit Court, which is the busiest trial court in Michigan. Cases often involve violent crimes, firearms offenses, and large-scale narcotics trafficking. Records are available through the Wayne County Clerk Criminal Division or the Michigan Courts Online System.

Grand Rapids (Kent County)

Felonies in Grand Rapids are tried in the 17th Judicial Circuit Court. This location manages property, drug trafficking, and violent crimes. Records may be accessed through the Kent County Circuit Court Clerk or via statewide databases.

Lansing (Ingham County)

Felony cases in Lansing are prosecuted in the 30th Judicial Circuit Court. These felony cases cover a broad range of violent and financial crimes. Individuals may request copies of records via the Ingham County Circuit Court Clerk.

How to Search for Felony Records in Michigan

Michigan provides access to felony records through county courts and state law enforcement agencies.

1. Michigan Courts Case Search (MiCOURT)

The MiCOURT Case Search portal allows public access to felony records using a name or case number search. Felony records in Michigan contain the following:

• Case number and docket history.
• Charges filed
• Court location
• Sentencing and outcomes

2. County Circuit Court Clerks

Certified copies of felony records may be requested from the Clerk of Circuit Court in the county where the case was adjudicated.

3. Michigan State Police – Internet Criminal History Access Tool (ICHAT)

The ICHAT system provides statewide criminal history reports, including for felony convictions. These records may be used for employment and licensing background checks.

4. Local Police Departments and Sheriffs

In Michigan, the police maintain arrest and incident records. Felony record requests may be made under the Michigan Freedom of Information Act (FOIA).

5. Third-Party Background Checks

Private third-party websites provide access to felony records; nonetheless, official state websites such as ICHAT and MiCOURT are the most reliable sources.

Open vs. Sealed Records

• Open Records: Most felony convictions are public in Michigan.
• Expungement: Michigan allows felony expungement through the Clean Slate Law. This permits certain felonies to be automatically expunged after 7 to 10 years if there are no repeat offenses. Violent and serious felonies are excluded from this eligibility.

Why Understanding Felonies in Michigan Matters

In Michigan, when someone is convicted of a felony, there are other consequences besides jail terms and paying fines. They limit job opportunities and rental approvals and affect fundamental rights. An understanding of the classification of felonies, their sentencing terms, and how records are obtained is essential to the public. Furthermore, this enables individuals, employers, and organizations to make well-informed decisions grounded in legal understanding.

Unlike certain states, Michigan classifies felonies through specific statutes rather than broad classifications. The punishment for these crimes varies from one year in prison to life imprisonment without parole for the most severe offenses. In addition, sentencing decisions are guided by the Michigan Sentencing Guidelines, which take into account both the nature of a crime and a person’s prior criminal history.

There are several ways in which felony records may be obtained. They are available through the MiCOURT website, individual county clerk of court offices, or the Michigan State Police ICHAT system. These resources promote public transparency while offering individuals an opportunity to expunge their criminal records under the Clean Slate expungement law.