FAQs About Michigan Criminal Law

So you got arrested in Michigan? That sucks. Don’t worry, you’re not alone. Lots of good people end up on the wrong side of the law. This article will walk you through some of the basics of Michigan criminal law, so you can understand what you’re facing. We’ll look at stuff like common crimes, defenses, sentences, and how criminal records work.

What are some common crimes in Michigan?

There’s all kinds of crimes you could be charged with in Michigan. Some of the most common ones are:

• DUI – Getting busted for driving under the influence is unfortunately very common. The legal limit in Michigan is .08 BAC. But even below that, you can be charged with OWI if the cops think you’re impaired. Harsh penalties too.
• Assault – Getting in a fight or domestically abusing someone can lead to assault charges. There’s varying degrees based on how bad the injuries are.
• Theft/Larceny – Getting caught stealing anything, no matter the value, can mean larceny charges. This includes shoplifting, embezzlement, burglary, etc.
• Drug Possession – Illegal drugs are all too common. You’ll likely get charged if caught with marijuana, cocaine, heroin, ecstasy, prescription meds without a script, etc.
• Weapons Charges – Carrying brass knuckles, switchblades, guns you can’t legally own, and pretty much any other illegal weapons can lead to criminal charges.

There’s obviously many more crimes, but these tend to be some of the most common. The specific charges and penalties depend on the circumstances.

What are some possible defenses to criminal charges?

If you’ve been accused of a crime, there may be defenses your attorney can use to get the charges lowered or dismissed. Common defenses in Michigan include:

• Invalid Search – If the police searched you, your home, or your car illegally, any evidence found may not be admissible. This could get the whole case tossed out.
• Self-Defense – For assault and some other charges, you may be able to claim self-defense if you were protecting yourself from harm.
• Consent – For sex crimes and some drug charges, you may be able to argue the other person consented to the activity.
• Mistake of Fact – If you had an honest and reasonable belief in a set of facts that made your actions legal, this defense may apply.
• Intoxication – Being extremely impaired can be used as a defense against specific intent crimes you may have committed.

There’s many other possible defenses too – entrapment, duress, insanity, alibis, misidentification, etc. An experienced criminal defense lawyer will know how to argue your case.

How much jail time am I facing for a conviction?

The potential jail sentences really vary based on the specific charges and your criminal history. Under Michigan law, prison terms can include:

• Misdemeanors – Up to 1 year in jail
• Low-grade felonies – Up to 5 years
• Mid-grade felonies – Up to 10 years
• High-grade felonies – Up to life

Some charges also come with mandatory minimum sentences you’ll have to serve. The judge doesn’t have leeway there.

Your actual sentence will depend on state sentencing guidelines and the judge’s discretion. Many first time offenders avoid jail time and get probation instead. But subsequent offenses mean much harsher sentences.

Bottom line – the specific charges really determine how much time you’re facing. Meet with a criminal defense lawyer to find out.

How does a criminal record work in Michigan?

If you’re convicted of a crime in Michigan, you’ll have a permanent criminal record. Arrests without convictions still show up on background checks too (at least for a while).

For misdemeanors, your record is generally cleared after 5 years. Felonies stick around longer – 7 years for most of them. But some violent felonies never get removed.

Having a record makes things like getting a job, renting an apartment, or qualifying for loans much harder. There’s also long-term consequences like not being able to own a gun, losing professional licenses, not being able to travel to some countries, etc.

Luckily, Michigan does allow some convictions to be set aside after enough time passes. An expungement can open up a lot more opportunities.