First Degree Felony in Michigan

Unlike the degree-based system, Michigan categorizes offenses using letters. In Michigan, Class A felonies are the most serious criminal offenses (aside from capital felonies). Under Section 777.5 et seq. of the Michigan Compiled Laws, Class A felonies are serious crimes punishable by up to life imprisonment, and fines that may be more than $50,000.00.

Michigan's Class A felonies are serious types of crimes comparable to first-degree felonies in states that use the degree-based system to categorize offenses. In Michigan, crimes that are similar to first-degree felonies in severity of offense and harshness of penalties include:

• Criminal sexual conduct (CSC) in the first degree (MCL 750.520b)
• Assault with Intent to Commit Murder (MCL 750.83)
• Kidnapping (MCL 750.349)
• Armed Robbery (MCL 750.529)
• Home Invasion, First Degree (MCL 750.110a(2)).

Public Access to First Degree Felony Records in Michigan

Yes, records of first-degree felonies (Class A crimes) are public in Michigan. First-degree felony records are court-generated documents, and under the Michigan Freedom of Information Act, any interested person may access them under the Michigan Court Rule 8.119(E). However, there are certain limitations. Michigan's first-degree felony records are not public if they relate to:

• Juvenile criminal records
• Sealed or expunged records
• Contain personal identifiers, such as Social Security numbers and specific victim details.
• Ongoing investigations, child abuse victims’ identities, and certain sexual assault victim information.

Individuals seeking access to Michigan's first-degree felony records may view them or order copies through the Michigan Courts Case Search Case Portal (MiCourt). For $10.00 per search, information seekers may also access Michigan's first-degree felony records through the Michigan State Police Internet Criminal History Access Tool (ICHAT). Record seekers may also access information about former and current inmates under the jurisdiction or supervision of the Michigan Department of Corrections (MDOC) for free through the Offender Tracking Information System (OTIS).

To access specific first-degree felony records in Michigan, record seekers should visit or contact the clerk's office of the Circuit Court where the case was filed.

Common Crimes Classified as First Degree Felonies in Michigan

In Michigan, first-degree felonies are comparable to Class A crimes. With the exception of capital offenses, this offense category is the highest classification for crimes in Michigan. Class A felonies group the most severe crimes within Michigan, and according to the Michigan Penal Code (MCL §750), these include offenses such as:

• Assault with intent to commit murder
• Assault with intent to maim
• Kidnapping
• Armed robbery
• First-degree criminal sexual conduct with a child under 13 years
• Terrorism
• Home invasion, first degree (if armed or with intent to commit serious felony assault/sexual assault)
• Assault with intent to commit criminal sexual conduct involving Penetration

Michigan’s State Police Statistics & Reports show a decrease in Class A crimes in Michigan for 2024. The table compares the numbers for selected first-degree felony-level crimes in 2024 and 2023.

Prison Sentences and Fines for First Degree Felonies in Michigan

In Michigan, the sentencing range for first-degree felonies (or Class A offenses) is determined by the specific crime and the aggravating factors. Prison sentences in Michigan are generally limited to the statutory maximums in the Michigan Penal Code (MCL 750) and Michigan Sentencing Guidelines (MCL 777).

Under Michigan's sentencing framework, the prison terms for first-degree felonies range up to life imprisonment. Depending on the offense, the fines for first-degree felonies in Michigan may rise up to $20,000.00. Aggravating factors that influence the length of prison sentences in Michigan include:

• Use of weapons
• Multiple offenders or gang activity
• Serious injuries to victims
• Hate crime motivation
• Criminal history.

What is the Maximum Sentence for a First Degree Felony in Michigan?

The maximum sentence for a Class A offense (first-degree felony) in Michigan is life imprisonment without parole eligibility. This applies to first-degree murder, but may also include other Class A crimes if:

• The victim is a child. For instance, criminal sexual conduct against someone under 13 years old
• The crime is against an elderly, disabled, or vulnerable individual
• The crime involves:
  • Firearms
  • Deadly weapons
  • serious bodily injury
  • Torture
  • Extreme cruelty
• The perpetrator is a repeat offender.

Class A crimes that may elevate to life imprisonment if there are aggravating factors include:

• Kidnapping
• Armed robbery
• Carjacking
• First-degree criminal sexual conduct
• Terrorism
• Assault with intent to murder.

What is First Degree Murder in Michigan?

First-degree murder in Michigan refers to the premeditated and deliberate killing of a person after careful planning or reflection. This also includes killings when committing or attempting to commit serious felonies. Additionally, murder in Michigan also includes the killing of law enforcement, prison, or parole officers while they are performing official duties.

In Michigan, the sentence for first-degree murder is life imprisonment without parole. Michigan treats murder separately; it is the only crime that is not eligible for parole, which makes its sentence harsher than other crimes within its statutes.

Technically, murder is a capital crime. However, Article IV, §46 of Michigan's 1963 Constitution abolished the death penalty for any crime within the state. Hence, unlike most states where the penalty for murder is death, life without parole is the maximum penalty applicable under Michigan's Statutes.

Can First Degree Felony Records Be Sealed or Expunged in Michigan?

Yes, a Michigan first-degree felony record is expungeable. In Michigan, expungement refers to the setting aside of criminal records, making them publicly inaccessible. Under the Michigan Clean Slate Law (MCL § 780.621 et seq.), eligible convicts may petition the Circuit Courts that handled their cases to set aside their first-degree felony records.

However, a first-degree felony record is not eligible for expungement in Michigan if it relates to:

• Murder
• Felonies that are punishable by life imprisonment
• First-degree criminal sexual conduct (CSC-I)
• Terrorism offenses
• Child abuse
• Human trafficking felonies.

In addition to the court, individuals seeking to set aside their first-degree felony records in Michigan must serve copies of their petitions to the Michigan State Police (MSP), the Michigan Attorney General's (AG) Office, and their local prosecutor's office. To expunge a first-degree felony record in Michigan:

• Submit fingerprints to the Michigan State Police and get the criminal history report
• Complete a Form MC 227, and file it with the Circuit Court Clerk in the conviction county
• Serve copies on MSP, the AG, and the local prosecutor
• The court will set a hearing date to decide on the petition
• The success of an expungement petition in Michigan depends on:
  • The seriousness of the crime
  • The owner's behavior since the conviction
  • Public safety.

Difference Between First Degree and Second Degree Felonies in Michigan

There are clear differences between first and second-degree felonies (Class A and Class B offenses) in Michigan. These distinctions include the seriousness of the crimes in each category and the harshness of their penalties.

First-degree felonies (Class A offenses)

First-degree felonies in Michigan are the most serious crimes under the Michigan Penal Code; they include the most severe offense, whose penalties extend to life imprisonment without parole and up to $50,000.00 as fines . Offenses in the first-degree category include murder, kidnapping, armed robbery, and first-degree criminal sexual conduct.

Second-degree felonies (Class B Offenses)

Second-degree felonies in Michigan are also serious crimes, but not in the same category as Class A offenses. These crimes are punishable by up to 20 years in prison. Additionally, the fines for second-degree felonies (Class B) offenses are less than those of first-degree crimes, and range between $10,000.00 and $20,000.00. In Michigan, second-degree felonies include:

• Second-degree child abuse
• Assault with intent to commit great bodily harm
• Delivery of 50–449 grams of cocaine, heroin, or other narcotics.

Statute of Limitations for First Degree Felony Charges in Michigan

Statute of limitations for first-degree felonies refers to the official timeframe for filing criminal cases against suspects of Class A crimes. Prosecutors must bring such cases before a judge within the limitation period or forfeit the right to do so.

The statute of limitations for first-degree felonies in Michigan depends on the offense. Under § 767.24 of the Michigan Compiled Laws, there is no statute of limitations for crimes that are punishable by life sentences, including murder, armed robbery, and criminal sexual conduct. Otherwise, the general implies that prosecutors must file charges within 6 years after a first-degree crime. Nonetheless, the statute of limitations may extend to 10 years for crimes involving fraud, breach of fiduciary duty, or misconduct in office. Additionally, prosecutors may file charges at any time DNA evidence identifies a suspect.

The reasons for a statute of limitations include:

• Ensure physical evidence does not degrade over time
• Protect witness memory, making testimonies reliable
• Encourage a quick trial while the evidence is fresh and guarantee a fair trial.

Probation and Parole Eligibility for First Degree Felonies in Michigan

Probation refers to a criminal sentence that allows the convict to stay out of jail under supervision. In Michigan, probation for first-degree felonies depends on the offense. Individuals who commit first-degree felonies punishable by life imprisonment are not eligible for probation. These offenses include:

• Murder
• Armed robbery
• First-degree criminal sexual conduct
• Treason.

For other Class A offenses, a judge may consider probation depending on the nature and severity of the offense, the Michigan Sentencing Guidelines, and the offender's criminal history.

Parole refers to the conditional release of convicts from prison after they have completed part of their sentences. In Michigan, individuals serving sentences for first-degree murder and treason (life without parole) are not parole eligible.

For crimes with intermediate sentences, parole eligibility begins after serving the minimum term. For instance, a convict serving a 15-to-40 prison term may be eligible for parole after 15 years. However, eligibility does not translate to automatic parole. The Michigan Parole Board considers the inmate's conduct, risk to society, rehabilitation progress, and the victim's input.

Impact of a First Degree Felony Conviction on Criminal Records in Michigan

A Michigan first-degree felony record may significantly impact a person even after they complete their sentence. First-degree crimes are the most serious offenses in Michigan, and owners cannot expunge some of these records.

Under the Michigan Freedom of Information Act, records of first-degree felony cases are publicly accessible in the state. Therefore, employers, certification agencies, and other interested entities may access them.

Having a first-degree felony record may negatively impact a person's job opportunities and housing options. Furthermore, individuals with these records may lose their right to hold public positions or possess firearms. A first-degree felony record may also cause destination countries to reject a person's visa applications.