10th Oct 2023

Classification of Criminal Offenses
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You have been charged with a crime, but do you fully understand what it means? Do you know the severity of the charges you face? Do you understand the impact it could have on your future?

In Michigan, there are three categories of criminal offenses. (1) civil infraction, (2) misdemeanor, (3) felony.

Infractions

A civil infraction is the lowest offense. Typically, if you are charged with a civil infraction, it is because you violated a traffic law or a local ordinance such as noise violations, or illegal structures on your property, among others. A civil infraction is accompanied with a monetary fine, but not any jail time. The person charged with a civil infraction has the right to appear in court to dispute the charge and the prosecution has the burden to prove that you committed the crime by a preponderance of the evidence. In most cases, the prosecution has enough evidence to prove the charge but may offer a plea deal of a lesser charge depending on the circumstances. There is usually an incentive to accepting a plea deal, and in most circumstances, the plea deal is accepted by the defendant. When the prosecution doesn’t offer a plea deal and/or the charged individual feels the prosecution doesn’t have evidence to prove the case then the parties proceed to a formal hearing. It is important to know that if you do not pay the fines for the civil infraction, or appear in court as scheduled, then the ticket will be defaulted. If you fail to pay the fines associated with the ticket after admission or after default, then you could face potential show cause and/or contempt of court proceedings (including additional fines and costs, issuance of bench warrant, contempt of court misdemeanor offense, etc.)

Misdemeanors

A misdemeanor offense is more serious than a civil infraction, but less serious than a felony. If you are charged with a misdemeanor, it is because you have violated local or state laws. Some states, unlike Michigan, have different classifications of misdemeanor charges like A, B, and C. In Michigan, misdemeanors are classified by the individual crime and the applicable sentence. You could see jail time in a local county jail and/or fines and costs if you are convicted of a misdemeanor. Also, the criminal charge will be listed on your criminal record.

Misdemeanors are handled at the local district court level where the offense allegedly occurred. These offenses carry a maximum jail sentence of either-90 days, 93 days, 180 days, or 1 year. The amount of the jail sentence depends upon the severity of the incident and the repeat offender status of the defendant. (e.g. for a first offense drunk driving the defendant faces 93 days in jail; a BAC greater than .17 faces 180 days in jail; second offense drunk driving faces 1 year in jail.) There are some misdemeanor charges that could result in a maximum jail sentence of two years. Although identified as a misdemeanor, these offenses are treated like felonies and are handled at the Circuit Court.

When you face misdemeanor charges, you have a constitutional right to trial. However, it is common for your attorney to try to negotiate and/or plea bargain your misdemeanor charge to a civil infraction, a lesser misdemeanor charge, and/or a plea that will allow the conviction to remain off your criminal record. The advantage to negotiating is to avoid jail, higher fines, and potentially keep the offense off your criminal record.

Felonies

A felony is the most serious criminal charge. Felonies carry the highest punishments and could become a permanent part of your criminal record which can create serious consequences for you and your future. In Michigan, these matters are heard at the Circuit Court in the county where the crime was committed.

In Michigan, the following felony charges are classified into the following categories:

First Degree Murder: This offense is punishable by life in prison without the possibility of parole.

M2: This class only applies to murder in the second degree and punishment can include up to a life sentence in prison.

Class A Felony: Aside from first degree murder and second degree murder, the most serious offenses in Michigan are class A felonies. Penalties for class A crimes range from a year in jail to life in prison. These offenses include kidnapping, assault with a lethal weapon with the goal to rob or steal, and first-degree criminal sexual behavior.

Class B Felony: Up to 20 years in prison. This type of felony includes crimes like child pornography, second-degree child abuse, and second-degree arson.

Class C Felony: Up to 15 years in prison. This type of felony includes crimes like manslaughter, wrongful death caused by a DUI, and second-degree criminal sexual conduct.

Class D Felony: Up to 10 years in prison. This type of felony includes crimes like embezzlement or larceny valued at more than $20,000 as well as human trafficking.

Class E Felony: Up to five years in prison. This type of felony includes crimes like first-degree retail fraud, possession of a firearm or other dangerous weapons with unlawful intent, home invasion, or a third DUI charge.

Class F Felony: Up to four years in prison. This felony includes crimes like unauthorized loan or credit applications and certain drug charges such as manufacturing, possession, and distribution of a certain quantity of marijuana.

Class G Felony: Up to two years in prison. This felony includes crimes like domestic assault or drawing insufficient checking account funds of over $500.

Class H Felony: This type of felony includes crimes like the use of a stolen ID to commit a crime or the use of false representation to obtain personal records. This type of felony is punishable by jail time, probation, or electronic monitoring.

Whether you are charged with a civil infraction, misdemeanor, or a felony, being charged with a criminal offense shouldn’t be taken lightly because it can have detrimental impacts on your life. If you are charged with a criminal offense, it is important to consult an experienced attorney to walk you through the process and potential consequences.

Written by Beier Howlett

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