There are many different legal issues that you need to consider if you have been charged with a crime in Michigan. A criminal conviction will have negative impact on your life. As a result of a conviction, you can be incarcerated, placed on probation, lose your job and result in significant financial loss. Being charged with crime can be very stressful on your life.
A misdemeanor charge in Michigan is a charge that is less serious than a felony charge and is generally held in your local district court by a district court judge. Misdemeanors are generally distinguished from felonies by the severity of the injury caused to another person, the amount of drugs in a persons possession, the cash value of the property taken. There are three classes of misdemeanors in Michigan.
The first type of misdemeanor is a misdemeanor that is punishable by up to 93 days in jail. A person can be charged under the local laws of your jurisdiction or under the state of the State of Michigan. If a person is convicted, the most jail time you could possibly face is 93 days in jail. Examples of 93 day misdemeanors are assault, operating while intoxicated 1st offense, retail fraud 3rd degree, disorderly conduct and driving while license suspended 1st offense.
The second type of misdemeanor is a misdemeanor punishable by up to one year in jail. If a person is convicted under this type of case the most jail time you could possibly face is 1 year in jail . Examples of misdemeanors punishable up to 1 year in jail are operating while intoxicated 2nd offense, aggravated assault, retail fraud 2nd offense (the value of the property stolen is more than $200.00 but less than $1,000.00) and driving while license suspended 2nd offense.
The third type of misdemeanor is a high court misdemeanor which if convicted of, the most jail time you could face is 2 years in prison. An example of this type of crime is negligent homicide.
In Michigan, felonies are serious crimes that are punishable by more that 1 year in prison. When a person is charged with a felony, the case starts out in district court with a arraignment. The district court will hold a preliminary examination to determine if there is probable cause that a crime was committed and whether there is probable cause the defendant committed the crime. This is not the same standard of proof required as to get a conviction of beyond a reasonable doubt at trial. If the judge finds probable cause that a crime was committed and probable cause that the defendant committed the crime, then he will bind the defendant over to circuit court who will conduct the trial. If the judge finds the prosecution did not meet there burden of proof, he will dismiss the case. Examples of felonies include but are not limited to the following:
- Child Abuse
- Home Invasion
- Carrying a Concealed Weapon
- Possession with Intent to Deliver a Controlled Substance
- Uttering and Publishing
- Operating While Intoxicated 3rd Offense
A conviction for either a felony or misdemeanor becomes part of your permanent record and can have serious implications on your life. By contacting our office, we will meet with you to discuss your situation and come up with a strategy that meets your need and will protect your rights.
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