Michigan law does not provide classifications with sentencing based upon these classifications. Rather, the statutes provide individual descriptions of the offenses with the particular sentence for the felony. Examples of this follow below.
Felony Offenses
Attempt to Commit a Felony Crime- if a person should attempt to commit an offense but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows
- Sentencing:
- If the offense attempted to be committed is such as is punishable with death, the person convicted of such attempt shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years;
- If the offense so attempted to be committed is punishable by imprisonment in the state prison for life, or for 5 years or more, the person convicted of such attempt shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or in the county jail not more than 1 year;
- If the offense so attempted to be committed is punishable by imprisonment in the state prison for a term less than 5 years, or imprisonment in the county jail or by fine, the offender convicted of such attempt shall be guilty of a misdemeanor, punishable by imprisonment in the state prison or reformatory not more than 2 years or in any county jail not more than 1 year or by a fine not to exceed $1,000 dollars; but in no case shall the imprisonment exceed 1/2 of the greatest punishment which might have been inflicted if the offense so attempted had been committed.
Home invasion in the first degree- A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the first degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists: (a) The person is armed with a dangerous weapon or (b) Another person is lawfully present in the dwelling.
- Sentencing: Home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.
Home invasion in the second degree - A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree.
- Sentencing: Home invasion in the first degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both.
Third DUI Felony Offense - committed in one’s lifetime.
- Sentencing: If one commits a third alcohol or drug-related driving while under the influence offense, the State’s statute provides for imprisonment for 1-5 years. A fine may also be imposed.
Michigan Felony Records and Expungement
In Michigan, a felony record is not subject to expungement; rather, Michigan has a procedure known as “setting aside a conviction,” which will remove a criminal conviction from the public record of the Michigan police. In order to be considered for a conviction, one may not have a conviction of a felony or an attempted felony punishable by life imprisonment or a violation or attempted violation of criminal sexual conduct under Michigan State law Sections 750.520 (c), (d) or (g). Furthermore, one may only have one conviction in their entire life.
Michigan Statute of Limitations for Felonies
- No limitation: murder
- 10 years: kidnapping, extortion, assault with intent to conspiracy to commit murder
- 6 years: all others
View all Criminal Statute of Limitations in Michigan
Note that for sexual assault, if the victim was under age 18, there is a ten year statute of limitations or when the victim attains twenty-one years of age, whichever is later. In addition, if DNA evidence is obtained, there is no statute of limitations until the offender is identified and then the statute is ten years after the identification of the offender or when the victim attains twenty-one years of age, whichever comes later.
Help from a Lawyer in Michigan for Felony Charges
If one is charged with a felony in Michigan, one should consider retaining an experienced criminal attorney. An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.
