Fishing Without a License Charges in Michigan
Failing to obtain a fishing license can lead to misdemeanor criminal charges in Michigan, possible jail time, fines, and costs. It is possible to get charges dismissed.
Fishing is one of Michigan’s most popular pastimes.
Fishing is one of Michigan’s most popular pastimes. Whether you’re casting a line from the shoreline or heading out on the lake in a boat, Michigan law requires that anyone 17 or older carry a valid fishing license. Forgetting to get one or assuming you don’t need one can lead to criminal charges for fishing without a license.
A charge for fishing without a license may not sound serious, but make no mistake—this is a misdemeanor offense under Michigan law, and a conviction carries both direct and indirect consequences that can follow you for years.
What Does the Law Say?
Michigan Compiled Laws (MCL 324.43560) makes it a misdemeanor to fish without a valid license. The law applies to all public waters and includes nearly every type of fishing: freshwater, ice, river, and even catch-and-release.
The elements of the offense are simple:
- The person is 17 years of age or older
- The person engaged in a fishing activity on public waters
- The person did not possess a valid Michigan fishing license
Even if you didn’t intend to break the law, law enforcement can still file charges if they believe you were knowingly fishing without a license.
Penalties and Costs for Fishing Without a License
A first offense for fishing without a license is a misdemeanor. The statute authorizes up to 90 days in jail and a fine of up to $250. However, those penalties often come with additional costs, including:
- Mandatory court fees and assessments
- Restitution for any unlawfully caught fish or game
- The cost of prosecution, which can exceed $1,000 in some cases
These financial penalties can be surprisingly steep, especially if you are unaware that prosecutors have the discretion to demand reimbursement for enforcement and prosecution costs.
Repeat violations can result in more serious charges, longer license suspensions, and mandatory revocation of fishing privileges for up to three years.
Why These Charges Matter
Many people make the mistake of thinking a fishing without a license charge doesn’t matter. That mindset can be costly. A conviction—even for a relatively minor misdemeanor like this—goes on your criminal record. It can show up in background checks and cause collateral damage, including:
- Trouble obtaining or keeping a job
- Disqualification from professional licenses or certifications
- Difficulty securing loans or housing
- Immigration or travel complications
Even a simple recreational mistake can create a ripple effect in your personal and professional life.
Possible Defenses
The good news is that there are defenses available to charges for fishing without a license. In many cases, the issue is not whether someone fished but whether the state can prove the person did so knowingly or without proper documentation.
Some possible defenses include:
- You had a valid license, but it wasn’t in your possession at the time
- You were not fishing, but merely accompanying someone who was
- You believed in good faith that a license was not required in that location or situation
- The officer’s identification of you as the person fishing was mistaken
Every case is unique, and even if you think the facts are against you, the right defense strategy can lead to a dismissal, reduced charge, or non-criminal resolution.
What If You’re Technically Guilty? There is Still Hope!
Even if the evidence shows you technically fished without a license, you may still have plea bargain options. Prosecutors often have the discretion to reduce a criminal misdemeanor to a civil infraction or to dismiss the case entirely with the right advocacy.
These favorable outcomes don’t happen automatically. They depend on strategic negotiation, compelling mitigation, and, just as importantly, the defense lawyer’s reputation with the court and prosecutor. In a misdemeanor wildlife or DNR-related offense, having an experienced and credible attorney often makes the difference between a criminal conviction and a clean record.
Frequently Asked Questions
Is fishing without a license a crime in Michigan? Yes. It is a misdemeanor criminal offense, not just a civil ticket. A conviction creates a criminal record unless it’s dismissed, reduced, or expunged when you are eligible.
Can you go to jail for fishing without a license in Michigan? You can. The law allows for up to 90 days in jail, though jail time is rare for first-time offenders. Still, the consequences can escalate with prior violations or aggravating circumstances.
How can I fight a fishing without a license charge in Michigan? You can fight the charge by raising legal defenses, challenging the evidence, or negotiating for a reduced charge. A skilled defense lawyer can often get the charge dismissed or resolved without a conviction.
Do I need a lawyer for a fishing license violation? Yes, hiring a lawyer is strongly recommended. Even though the charge may seem minor, it’s a criminal misdemeanor that can impact your record, job, and future. A lawyer can protect your rights and work to avoid long-term consequences.
What are the penalties and fines for fishing without a license in Michigan? A judge can sentence someone to various penalties in Michigan, including up to 90 days in jail, fines up to $250, and prosecution costs that can exceed $1,000. Repeat offenses or related violations may result in license revocation and enhanced penalties.
Will a fishing license ticket go on my record in Michigan? If you’re convicted, yes, it goes on your criminal record. However, with legal help, the charge may be reduced to a civil infraction or dismissed entirely, avoiding a criminal record.
How do I get a fishing without a license charge reduced to a civil infraction? An experienced defense lawyer can negotiate with the prosecutor to reduce the charge, especially if it’s a first offense and you now have a valid license. Your lawyer’s reputation and approach can make all the difference.
How LEWIS & DICKSTEIN, P.L.L.C. Can Help
If you’re facing charges for fishing without a license in Michigan, you need to take the matter seriously and act quickly. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending clients against misdemeanor and wildlife-related charges across the state.
We know how to negotiate with prosecutors, how to challenge weak evidence, and how to present your case in a way that can avoid jail, reduce charges, or eliminate the conviction altogether. We treat every client with respect and fight relentlessly to achieve the best possible result.
Don’t let a moment on the water turn into a permanent legal problem. If law enforcement has charged or contacted you, call LEWIS & DICKSTEIN, P.L.L.C. today for a free, confidential consultation.
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.
We will find a way to help you.
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