Will I Go to Jail for a Misdemeanor in Michigan?

Facing criminal charges in any state can be a harrowing experience. If you were arrested for a criminal offense you may be feeling overwhelmed and scared for your future. It is natural to worry about going to jail when facing misdemeanor charges. Whether or not you will face imprisonment depends on the details of your crime and other relevant factors. Understanding the likelihood of certain penalties and the factors that influence sentencing can help you navigate the legal process with clarity and confidence. Contact an Upper Peninsula criminal defense lawyer to obtain legal representation and discuss your options today.

What is a Misdemeanor?

Under Michigan state law, a misdemeanor is a criminal offense. The penalties will vary depending on the specific details of the crime and situation. Unlike many other states, Michigan does not categorize its misdemeanors by classification like class A or B. They are instead divided into categories based on the penalties and maximum jail sentence that each can incur.

Examples of misdemeanor offenses in MI include the following.

• Assault
• Cyberbullying
• Petty larceny
• Indecent exposure
• Arson
• Embezzlement

Can I Face Jail Time for a Misdemeanor in Michigan?

Individuals who are convicted of misdemeanor crimes in Michigan may face jail time in addition to other penalties. Michigan law has a presumption against jail time, meaning that sentences are recommended to exclude jail time and opt for something like probation, community service, or house arrest instead.

Although the presumption against jail time is preferred, misdemeanor charges can result in:

• Up to 93 days of jail time and fines of up to $500
• Up to 1 year of jail time and fines of up to $1,000
• Up to 2 years of jail time and fines of up to $2,000

The above potential jail sentences are the classifications of misdemeanors. The penalties you will be sentenced with depend on various details.

What Factors Influence Sentencing?

Several key factors play a role in determining whether or not someone being convicted of a misdemeanor in Michigan will face jail time. Consider the following.

• The nature of the crime: The way that the crime affects others can play a significant part. If the offense was violent or endangered innocent people it could be met with more severe consequences.
• Criminal history: An individual’s criminal record can have an impact on sentencing. When you have a prior conviction, particularly for the same or a similar offense, you will likely be issued harsher sentences.
• Aggravating factors: An offense can have aggravating factors that worsen the crime like causing injury to an innocent victim, committing the crime in the presence of a minor, violating probation, etc.
• Mitigating factors: On the other hand, mitigating factors can help lessen sentencing. If the individual is found to be remorseful or cooperated with law enforcement they may be granted leniency.

Discuss your case with an experienced attorney to obtain skilled representation and gain a better understanding of the penalties you may face.