Michigan Class B Misdemeanors

Michigan classifies misdemeanors differently from other U.S. states. Instead of classifying misdemeanors or felonies into Class A or B, Michigan uses a penalty-based system to classify its offenses. This means that offenses are categorized based on the length of jail term or fine they attract under the law.

Misdemeanors and felonies are both types of criminal offenses, but they differ in severity and in the procedure of handling their cases. Felonies are the more serious crimes, so they typically have a longer jail sentence and more complicated court proceedings. Misdemeanors, as defined by The Michigan Penal Code Chapter 750, Act 328 of 1931, have a simpler court process and shorter jail sentences due to them being less severe crimes.

Individuals who understand crime categorization in Michigan can understand the consequences of their charge better. They can also better understand how the sentence can affect their life immediately and in the long run, affecting their employment, housing, and licensing opportunities. Misdemeanors and felonies are part of criminal records and can be retrieved, along with other Michigan court records.

Common Examples of Class B Misdemeanors in Michigan

Michigan generally classifies crimes, including misdemeanors, based on the maximum penalty assigned to each crime. Penalties typically range from fines to jail time, but not all misdemeanors result in a sentence. The different types of misdemeanors in Michigan include the following:

• 92-day misdemeanors: misdemeanors punishable by 92 days' imprisonment or less
• 93-day misdemeanors: misdemeanors that attract up to 93 days of jail time or a $500 fine
• One-year misdemeanor: misdemeanors that attract up to 1 year jail time or a $1000 fine
• High court misdemeanors: misdemeanors that attract up to two years in prison and are handled by a circuit court like felonies. This type of misdemeanor is unique to Michigan.

Statute of Limitations for Class B Misdemeanors in Michigan

The general timeframe that prosecutors have to file charges for misdemeanors in Michigan is about 6 years from the date of the offense. If the offense is public, the time starts the day the crime occurred, but if it is a concealed offense, exceptions can be made for the start date of the statute of limitations. Repeat offenses and felony-level misdemeanors (leading to serious injuries or death) may result in an extended timeframe. Michigan Compiled Laws (MCL) - Section 767.24 describes some offenses that are not subject to a statute of limitations and can be charged at any time. An overview of statutes and their offenses is as follows:

Legal Penalties for Class B Misdemeanors in Michigan

As misdemeanors are grouped by the maximum penalty that they attract, the penalty for a crime typically depends on its classification. Some penalties for misdemeanors include the following:

• Short jail sentences
• Payment of restitution (monetary penalty, court costs/fine)
• probation and community service
• suspension of licenses

Having a misdemeanor on their criminal record can affect a person in the long run by impacting their opportunities for getting jobs, housing, and licensing permissions. Misdemeanor records are part of public records, so they show up in background or criminal history checks unless otherwise restricted by law. Not all misdemeanors lead to jail time. The penalty is at the discretion of the court according to the case situation. The criminal history of the defendant, the state of the victim, and intent affect how cases are determined.

Court Process for Class B Misdemeanors in Michigan

Not all court cases follow the same procedure to resolution. Factors like local statutes and the discretion of the judiciary presiding over the case can cause variations in court processes from case to case. The common process for misdemeanors, however, is as follows:

• Arrest: The arrest or citation (ticket requiring a court appearance) of the defendant by the police
• Arraignment: The defendant is arraigned in court, where their charges, rights, and bail conditions are explained by the presiding judge. At this stage, they can plead guilty or not guilty to the charges.
• Pretrial: The prosecutor and defence try to reach a plea bargain (agreeing to a lesser charge)
• Trial and sentencing: Case proceedings involving evidence, witnesses, etc, are carried out in front of the judge. The judge passes judgment based on statutory limits, prior convictions,

It is important to note that some misdemeanors follow an entirely different court process. High court misdemeanors, for example, are processed felony-style in circuit courts. Traffic-related misdemeanors also have an additional process called an administrative hearing. Individuals should stay informed about local court rules and state laws to obtain the most accurate information about how their court process might proceed.

How Class B Misdemeanors Affect Your Criminal Record in Michigan

Criminal records, including misdemeanors, are recorded and maintained by the court where the case was heard and the prosecuting law enforcement office. Based on the jurisdiction in which the crime was committed, the type of offense that was committed, and how the record is maintained by the record custodian, misdemeanors can affect an individual's life beyond the sentencing.

As criminal records are public, they are open to public inquiry through background checks or record requests. This means that as long as the record has not been publicly restricted, any member of the public, including employers, landlords, licensing and registration bodies, and school boards. Records of misdemeanors on a person's criminal history may affect hiring decisions, the outcome of rental applications, admissions, and even immigration status, depending on the severity of the offense. Misdemeanors that satisfy Michigan eligibility criteria can be expunged or sealed, removing them from unauthorized public access.

Differences Between Class B Misdemeanors and Other Offenses in Michigan

As Michigan uses a penalty-based classification system for crime, the difference between its misdemeanors is their severity, the penalties attached to them, and even the court that tries them. The difference between the three types of misdemeanors in Michigan is as follows:

• 93-day misdemeanors: They are the lowest level of misdemeanors and are typically handled in a district court. Have a 93-day jail time, and defendants may need to pay up to $500 in fines.
• One-year misdemeanors: Slightly more serious misdemeanors are also handled by district courts. Have a 1-year jail term, and defendants may need to pay up to $1000 in fines.
• High court misdemeanors: They are high-level misdemeanors and are handled in circuit courts just like felonies. Have up to 2 years of jail time.

Low-level misdemeanors generally have shorter jail sentences and are usually petty offenses, while higher-level offenses have longer terms, more serious penalties, and sometimes stricter court procedures. Felonies differ from misdemeanors in that they are the most serious offense. They result in more years in prison, substantial fines, and even complex court proceedings.

How to Check for Class B Misdemeanors in Michigan Court Records

Misdemeanor records are criminal records, so they form part of public records and can be retrieved if the requester has the case number or names or parties involved in the case. Although the process of finding these records may differ from jurisdiction to jurisdiction, the resources for checking for misdemeanor records generally include the following:

• Online Court Websites: The MiCOURT Case Search is a statewide tool that allows individuals to search for court records of criminal convictions, including misdemeanor records that took place within the last seven years.
• Clerk of Court: The local clerk of court where the case was filed can provide onsite, email, or phone access to criminal records. Individuals can contact the Clerk's office, pay the applicable fees for making copies of records, or even apply for certified copies of the records.
• Third-party services: Individuals can utilize third-party services to conduct background checks to find misdemeanor records on themselves or other people.

Individuals are advised to contact official record custodians (courthouses or the clerk of court’s office) for the most up-to-date misdemeanor records and for access to certified copies of the records.

Can a Class B Misdemeanor Be Expunged or Sealed in Michigan?

In Michigan, setting aside a conviction (expungement) is the process of removing it from a person’s criminal record. Before an offense can be expunged, the crime must be eligible for expunction, and the individual must have completed the necessary waiting period for the expunction.

A person can apply for their record to be expunged, but under Michigan’s clean slate law, some misdemeanors are automatically expunged by law enforcement officials. The misdemeanors that can be automatically expunged are 92-day misdemeanors and 93-day misdemeanors. Serious misdemeanors like assault (causing injury), sexual offenses, and crimes involving weapons cannot be expunged.

Expunging a record returns an individual's criminal history to what it was before the crime. Removing the criminal record from public view can reduce the chances of the offense showing up during a background check, thereby improving the defendant's employment, housing, and licensing opportunities. The general rules for expungement are as follows