Charges and sentences
Felony and misdemeanor classes in Michigan
Michigan does not sort crimes into numbered or lettered classes. The law defines a felony and a misdemeanor, and each offense sets its own penalty. Default penalties apply only when an offense sets none: up to 4 years for a felony and up to 90 days for a misdemeanor.1
Checked October 29, 2026 against Michigan's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Michigan, a felony is a crime that can be punished by more than one year in prison, or a crime the law expressly calls a felony. A misdemeanor is any other violation of a state penal law.1
- Felony theft starts at
- $1,000How theft is graded
- When impaired driving is a felony
- A third conviction is a felony: a violation after 2 or more prior convictions is punishable by 1 to 5 years in prison, or by probation with 30 days to 1 year in jail, plus a fine of $500 to $5,000.2
Felony categories in Michigan
| Class | Prison | Fine | The law |
|---|---|---|---|
| Felony with no set penalty (default) | Up to 4 yearsMost felonies set their own maximum, from a few years up to life. | Up to $5,000 | MCL 750.5033 |
Misdemeanor classes in Michigan
| Class | Jail | Fine | The law |
|---|---|---|---|
| Misdemeanor with no set penalty (default) | Up to 90 daysMany misdemeanors set their own penalty, such as 93 days, 1 year or 2 years. | Up to $500 | MCL 750.5046 |
Good to know
Michigan's criminal laws do not create felony classes. Penalties are set offense by offense, and the two defaults above apply only when an offense sets no penalty.3
The state's sentencing guidelines give each listed felony an 'offense class' to score a recommended minimum sentence. That class is a guideline tool and not a statutory felony class.4
When theft is a felony in Michigan
In Michigan, larceny (theft) of property worth $1,000 or more is a felony: up to 5 years for $1,000 to under $20,000, and up to 10 years at $20,000 or more. Theft of $200 to under $1,000 is a misdemeanor (up to 1 year), and under $200 is a misdemeanor (up to 93 days). Repeat theft convictions can raise the grade.5
Impaired driving in Michigan
MCL 257.625(1) bars "operating while intoxicated," a term the statute defines. Subsection (3) covers the lesser offense of driving when alcohol or drugs leave a person's ability to operate the vehicle visibly impaired. The statute does not use abbreviations; "OWI" and "OWVI" are common shorthand.
- Repeat offenses
- A third conviction is a felony: a violation after 2 or more prior convictions is punishable by 1 to 5 years in prison, or by probation with 30 days to 1 year in jail, plus a fine of $500 to $5,000.
- Which past offenses count
- No time limit for the felony: any two earlier convictions count, no matter how long ago. A second offense within 7 years of a prior conviction carries higher penalties (up to 1 year).
- Other felony versions
- Operating while intoxicated and causing a death is a felony (up to 15 years, or up to 20 years in certain cases). Causing serious impairment of a body function is a felony (up to 5 years, or up to 10 years in certain cases). Operating while intoxicated with a passenger under 16 is a felony after a prior conviction within 7 years or after 2 or more prior convictions.
MCL 257.625(1), (4), (5), (7), (9)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Michigan?
In Michigan, a felony is a crime that can be punished by more than one year in prison, or a crime the law expressly calls a felony. A misdemeanor is any other violation of a state penal law.
What is a felony with no set penalty (default) in Michigan?
In Michigan, the prison range for a felony with no set penalty (default) is up to 4 years, and the fine is up to $5,000. Most felonies set their own maximum, from a few years up to life.
What is a misdemeanor with no set penalty (default) in Michigan?
In Michigan, the jail range for a misdemeanor with no set penalty (default) is up to 90 days, and the fine is up to $500. Many misdemeanors set their own penalty, such as 93 days, 1 year or 2 years.
How much theft is a felony in Michigan?
In Michigan, larceny (theft) of property worth $1,000 or more is a felony: up to 5 years for $1,000 to under $20,000, and up to 10 years at $20,000 or more. Theft of $200 to under $1,000 is a misdemeanor (up to 1 year), and under $200 is a misdemeanor (up to 93 days). Repeat theft convictions can raise the grade.
When is impaired driving a felony in Michigan?
A third conviction is a felony: a violation after 2 or more prior convictions is punishable by 1 to 5 years in prison, or by probation with 30 days to 1 year in jail, plus a fine of $500 to $5,000. Operating while intoxicated and causing a death is a felony (up to 15 years, or up to 20 years in certain cases). Causing serious impairment of a body function is a felony (up to 5 years, or up to 10 years in certain cases). Operating while intoxicated with a passenger under 16 is a felony after a prior conviction within 7 years or after 2 or more prior convictions.
These are the general ranges in Michigan's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Michigan" https://secondchanceindex.com/felony-classes/michigan, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.