All Crimes Are Not Created Equal: Misdemeanors, High Misdemeanors, and Felonies
When someone calls our office after being charged with a crime, one of the first things we hear is some version of “it’s just a misdemeanor, right?” And we understand why people think that way. The word “misdemeanor” sounds minor. It sounds manageable. But in Michigan, that assumption can lead to decisions effect your employment, reputation, and income for years. Understanding the real difference between a felony and a misdemeanor, and what each one can cost you beyond the courtroom, is something every Michigan resident deserves to know.
If you or someone you care about is facing criminal charges in the Detroit area or anywhere in Wayne County, the classification of that charge matters enormously. Our criminal defense attorneys have seen firsthand how the distinction between a misdemeanor and a felony shapes everything from where your case is heard to whether you can keep your job, your housing, your right to vote, and your right to carry a firearm.
Michigan Draws a Clear Line
Michigan law organizes criminal offenses into three broad categories: civil infractions, misdemeanors, and felonies. Civil infractions, think of a routine speeding ticket, result in fines but no jail time and no criminal record. Misdemeanors and felonies are a different matter entirely. Both are criminal offenses, and both can follow you on your record.
The clearest dividing line between a misdemeanor and a felony in Michigan comes down to potential incarceration time. Misdemeanors are punishable by less than one year in jail, while felonies carry sentences of more than one year. There is also a hybrid called a high misdemeanor that is classified as a misdemeanor but treated like a felony. A high misdemeanor is punishable by up to two years in prison. That distinction is not just technical. It determines which court handles your case, what rights you retain, and what your life looks like after the dust settles.
What Misdemeanor Charges Actually Look Like in Michigan
Michigan law recognizes three main categories of misdemeanors, and the differences between them matter more than most people realize.
93-day misdemeanors sit at the lower end of the spectrum. These carry a maximum of 93 days in jail and fines up to $500. A first-offense OWI on Woodward Avenue, retail fraud involving less than $200 worth of goods, or disturbing the peace could land in this category. These cases typically begin and end in district court.
One-year misdemeanors are more serious. They carry up to 12 months in jail and fines that can reach $1,000, or three times the value of property stolen. Child abuse 4th degree and a second-offense drunk driving charge falls here, as does larceny involving property valued between $200 and $1,000.
And then there is a category that catches a lot of people off guard: high court misdemeanors. These carry up to two years in jail and fines that vary by statute (often up to $2,000). Criminal sexual conduct 4th degree (“CSC4), obstructing a police officer, indecent exposure, and negligent vehicle homicide can fall into this range. Procedurally, these cases are handled similarly to felonies. That is not a coincidence. The law treats them that way because the stakes are comparable. You have a right to a probate cause hearing or preliminary exam to challenge the charges short of trial.
One more thing worth noting: Michigan law generally starts with a presumption against jail time for most standard misdemeanor offenses. Judges are directed toward alternatives like fines, community service, probation, or treatment programs. That presumption disappears, though, for what the law calls “serious misdemeanors,” which include assault and battery, domestic violence, stalking, hit-and-run incidents, and impaired driving resulting in an accident.
How Felony Charges Work in Michigan
Felonies are the most serious type of criminal offense in Michigan, and the range within that category is vast. Michigan divides most felonies into eight classes, labeled A through H, with Class A carrying the heaviest penalties.
Class A felonies, which can include kidnapping and first-degree criminal sexual conduct, carry sentences up to life in prison. Class B felonies such as armed robbery carry up to 20 years. Class C felonies, including manslaughter and certain robbery offenses, carry up to 15 years. The scale continues down through Class H, which covers lower-level offenses like minor embezzlement and some property crimes.
For anyone in Detroit or the surrounding Wayne County communities, felony cases follow a specific path. Charges typically begin in one of the Wayne County district courts before being bound over to the Third Judicial Circuit Court, which handles all felony matters in the county. That court is where the serious work of felony defense takes place. The Wayne County Prosecutor’s Office handles felony prosecutions throughout the county, and the process moves through arraignment, pretrial hearings, and potentially trial before a judge or jury.
When a Misdemeanor Can Become a Felony
Michigan law allows certain misdemeanor charges to escalate to felonies under specific circumstances. Simple assault, for example, can become felonious assault if a weapon is involved. Cyberbullying can move from a misdemeanor to a felony when a pattern of harassment results in serious injury. Repeat convictions for certain offenses, including child abuse and obstructing a police officer, can also trigger enhanced felony charges under Michigan’s penal code.
This matters because the gap between a misdemeanor and a felony conviction is not always as wide as people assume at the start of a case. Factors like criminal history, the value of property involved, and the presence of aggravating circumstances can shift a charge significantly. We encourage clients to reach out early, before those determinations get locked in.
Timing Matters More Than Most People Realize
Whether you are facing a 93-day misdemeanor or a Class A felony, the decisions made in the early stages of a case can shape every outcome that follows. That is not a scare tactic. Before charges are authorized and when there has been police contact, you should seek legal counsel. A skilled and experienced attorney can protect your rights and begin working towards your goals. This is not a time when the truth sets you free. An attorney can protect you, assist in critical decision-making, like speaking to the police or not and implement a strategy to achieve the best outcome for you.
At Kirsch Daskas Law Group PLLC, we work with clients across Detroit, Wayne County, and the surrounding communities who are navigating misdemeanor and felony charges at every level. If you have questions about a charge you or a family member is facing, we encourage you to reach out. Understanding where you stand is always the right place to start.
