What are the penalties for Operating While Intoxicated (OWI) in Michigan?

A first OWI offense carries up to 93 days in jail, a second offense up to 1 year, and a felony OWI can lead to 5 years in prison. Enhanced charges apply for high BAC under Michigan’s Super Drunk Driving law.

Is Domestic Violence a felony or misdemeanor in Michigan?

Domestic violence may be charged as either, depending on injury severity, weapon involvement, and prior convictions. A third offense is a felony with potential prison time.

When does Retail Fraud become a felony in Michigan?

Retail fraud becomes a felony when the value of goods is high or if there are prior convictions. First-degree retail fraud is a felony punishable by prison and lengthy probation.

What are the charges for Drug Possession or Delivery in Michigan?

Though marijuana possession is legal, delivering or trafficking marijuana and other drugs remains a felony. Defenses may include constitutional challenges and rehabilitative statutes.

What are the consequences of Child Pornography charges in Michigan?

These charges can lead to years in prison, mandatory sex offender registration, and multiple felony counts—even for a small number of files. Digital evidence is often central to these cases.

How is Assault and Battery charged in Michigan?

Depending on the severity and circumstances, assault and battery may be charged as a misdemeanor or felony, with penalties ranging from fines and probation to incarceration.

Can Larceny be a felony in Michigan?

Yes, larceny becomes a felony if the stolen property’s value exceeds a set threshold or if the defendant has prior convictions. Penalties include prison time and restitution.

What qualifies as a White Collar Crime in Michigan?

Crimes such as fraud, embezzlement, and forgery fall under white collar offenses. These are often felonies involving financial harm, and may lead to prison and financial penalties.

What is Considered a Gun Crime in Michigan?

Gun crimes include carrying a concealed weapon without a permit or using a firearm during a felony. These can result in felony charges and mandatory prison sentences.

Are Sex Crimes always felonies in Michigan?

Many sex crimes, such as Criminal Sexual Conduct and child-related offenses, are charged as felonies with severe penalties including prison and sex offender registration.

Felony and Misdemeanor Charges in Michigan

Felony and Misdemeanor Crimes in Michigan

LEWIS & DICKSTEIN, P.L.L.C. is Michigan’s premier criminal defense law firm. Top 10 Felony and Misdemeanor Charges in Michigan

Your Best Defense Starts Here!

At LEWIS & DICKSTEIN, P.L.L.C., Michigan’s Premier Criminal Defense Law Firm, our attorneys frequently consult with potential clients on state and federal felony and misdemeanor charges in Michigan. The most frequent calls are from individuals charged or accused of offenses in Oakland County, Wayne County, Macomb County, Livingston County, and Washtenaw County. The following represents the most common charges defendants face in Southeastern Michigan.

We are often retained on cases at various stages, including the investigation stage, when a warrant is issued, at the time of arraignment, and on many occasions, after the judge schedules a case for trial or appeal. Due to our reputation as top criminal lawyers in Michigan, clients frequently retain us to assist other criminal attorneys, take over a client’s representation from another lawyer, or consult on complex criminal defense-related issues in both criminal and civil cases.

Most Common Felony and Misdemeanor Charges in Michigan

The most common criminal charges individuals face in Southeastern Michigan are the following:

1. Operating While Intoxicated (OWI/DUI)

This offense is frequently called DUI, OWI, DWI, drunk driving, impaired driving, or driving under the influence. There is a new push to prosecute those driving under the influence of prescription medication and other controlled substances (OWPD). The introduction of Michigan’s Super Drunk Driving law (.17 as opposed to .08 blood/breath alcohol level) makes the defense of these cases far more complicated. A first offense OWI carries a maximum possible sentence of 93 days, a second offense is punishable by up to 1 year in jail, and a felony OWI has a maximum prison sentence of five (5) years. OWI defense attorneys are aware of five possible defenses to these charges: factual, legal, constitutional, medical, and scientific.

2. Domestic Violence

Prosecutors can charge someone with domestic violence, also known as spousal abuse or DV, as either a misdemeanor or a felony, depending on the circumstances. The classification depends on several factors, including the presence and severity of any injuries, whether the accused allegedly used a weapon, and whether the accused has prior convictions. False accusations of domestic violence often arise in divorce or custody disputes when one party seeks an advantage. Because of this, the strongest defense against a DV charge is usually a strategic, aggressive offense.

A first domestic violence conviction carries a maximum sentence of 93 days in jail. A second offense increases the maximum to one year. A third or subsequent offense becomes a felony, which can result in a prison sentence. Even when someone avoids a jail sentence, judges commonly impose lengthy probation with strict and burdensome conditions.

3. Retail Fraud

In Michigan, these cases can result in felony or misdemeanor charges, depending on the value of the retail goods in question and whether the suspect has a prior record. These offenses are severe even if charged as a misdemeanor. A crime involving dishonesty often results in the loss of employment opportunities, a damaged reputation, an inability to hold positions of trust, and immigration problems. A 3rd Degree Retail fraud is punishable by up to 93 days in jail. A 2nd Degree shoplifting has a maximum sentence of one year. A 1st Degree conviction can result in prison time and years of probation. Michigan’s most common retail fraud charges are misdemeanors; however, felony charges are not uncommon. A defense attorney with experience defending shoplifting charges will know the best approach to avoid a conviction and jail time, if possible.

4. Drug Possession, Manufacture, and/or Delivery

Michigan legalized the possession of marijuana. The sale of marijuana and marijuana trafficking are still felony offenses (similar to cocaine, prescription medication, heroin, etc.). There are several defenses to these drug charges, including constitutional challenges that the defense can pursue through a Motion to Suppress, as well as various factual and legal defenses. There are also rehabilitative statutes designed to prevent a conviction for certain drug charges.

felony and misdemeanor charges in michigan defense

5. Child Pornography and Accosting a Child for an Immoral Purpose

Child pornography and accosting a child for an immoral purpose are among the most serious sex-related offenses charged in Michigan. Both crimes carry severe penalties and lifelong consequences. Possession, distribution, or production of child sexually abusive material can result in years of incarceration, registration as a sex offender, and lasting damage to a person’s reputation and future. Even a small number of images or videos can lead to multiple felony counts. Law enforcement aggressively investigates these cases, often through online surveillance, search warrants, and undercover operations. Unfortunately, digital evidence can be misunderstood or misrepresented, and innocent individuals sometimes face charges based on misleading or incomplete information.

Accosting a child for immoral purposes involves any attempt to persuade, entice, or approach a minor for sexual activity or exposure to sexual conduct. These allegations often arise from online conversations or police sting operations. A conviction can lead to imprisonment, mandatory sex offender registration, and restrictive probation terms that affect housing, employment, and personal relationships. Because these cases rely heavily on electronic communications and police tactics, a skilled defense lawyer can often challenge the evidence, the methods used by investigators, and the intent that the prosecution must prove. The stakes in these cases are extraordinarily high, and early, experienced legal representation can make all the difference.

6. Probation Violation – Violation of Probation

Many people facing parole or probation violation charges aren’t even aware of what they did wrong. A probation officer or parole officer has complete authority over the defendant’s life, and it doesn’t take much to get charged with a probation violation. Whether for a felony or misdemeanor, a defendant facing a violation of probation faces a jail sentence or prison up to the maximum possible for the original offense. Michigan’s top probation violation defense lawyers can help defendants avoid a harsh sentence or build a solid defense to probation violation allegations.

7. Expungement Motions

Motion to Set Aside Conviction. Someone may have had a lapse in judgment many years ago, and it is also possible that a person may have been wrongfully convicted of a crime. If a person is eligible, they may clear their criminal history and get a fresh, conviction-free start. Setting aside felony and misdemeanor convictions can lead to improved employment, housing, and financial opportunities. There are specific requirements and limitations to a Motion to Set Aside a Conviction (Expungement Motion). Only an experienced expungement attorney will be able to maximize your chance of expunging prior misdemeanor and up to three felony convictions.

defense against felony and misdemeanor charges

8. Criminal Sexual Conduct – Sex Crimes

Without question, criminal sexual conduct, otherwise known as CSC, charges are so severe that the mere allegation can change lives. Unfortunately, false criminal sexual conduct charges are prevalent because physical evidence rarely exists. Facing mere allegations is so damaging. At LEWIS & DICKSTEIN, P.L.L.C., we have successfully defended criminal sexual conduct cases throughout Michigan through tenacious representation, sophisticated investigation, and extraordinary trial work. Prosecutors who handle criminal sexual conduct cases are typically “Special Prosecutors.”

A Special Prosecutor refers to a prosecutor assigned explicitly to the Special Victims’ Unit, as they are highly experienced, extremely proficient, and well-trained. Criminal Sexual Conduct Defense Attorneys know that the best way to defend these cases is through tenacious, tireless representation. A common misconception is that criminal sexual conduct charges are indefensible. We have successfully defended hundreds of these cases. Many of the criminal sexual conduct cases handled by LEWIS & DICKSTEIN, P.L.L.C. resulted in NOT GUILTY verdicts despite judges and prosecutors believing that the cases were unwinnable.

9. Assault Crimes

Assault crimes are varied and can be both felony and misdemeanor offenses. Misdemeanor assault or assault and Assault crimes vary and can be both felony and misdemeanor offenses. Misdemeanor assault or assault and battery is an offense carrying a maximum of 93 days in jail. If there is an alleged injury or use of a weapon, the maximum possible sentence can increase to four (4) years, 10 years, or even life imprisonment for the most serious cases. Judges and prosecutors tend to be the most aggressive in these cases. Someone facing assault charges should only trust the most experienced assault crime defense lawyers with their defense.

10. Federal Crimes

There are hundreds of different types of federal offenses. We list this entry under “Federal Crimes” because our federal defense attorneys receive routine requests for consultations on various federal offenses. Some of the most common federal charges include drug crimes, Medicare fraud, public corruption, child pornography, conspiracy, trafficking, identity theft, and more. Examples of federal crimes frequently prosecuted in the United States District Court for the Eastern District of Michigan include the following:

Possession, receipt, or distribution of child pornography
Attempted enticement or coercion of a minor
Money laundering
Cybercrimes
Public corruption

Immigration offenses
Drug trafficking
Firearms violations
Fraud and embezzlement
Tax evasion

Helping Those Facing The Most Common Charges in Michigan

LEWIS & DICKSTEIN, P.L.L.C. is Michigan’s Premier Criminal Defense Law Firm. We are familiar with all aspects of criminal law and the most effective defenses. Even if you don’t see the charges you are facing, please contact us or call us for a free and confidential consultation to learn how we can help you. Our attorneys are always happy to help anyone in any criminal matter. The respect and consideration we consistently demonstrate will convince you that you have the best possible, hardest-fighting defense law firm available in Michigan today.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.