What is a Second Degree Felony in Michigan?

A second-degree felony in Michigan ranks between a first-degree felony and a misdemeanor. It qualifies as a serious crime but not the most severe. State law does not uniformly label “second-degree felony” across all crime types. What defines “second-degree” depends on each statute’s maximum penalty and elements. Types of crimes that fall into this category include, second-degree criminal sexual conduct under MCL 750.520c, certain sex offenses, child abuse (MCL 750.136b), non-premeditated homicide under MCL 750.317 (second-degree murder), and specific forms of arson (MCL 750.73).

Penalties for second-degree felonies are stricter than those for misdemeanors. Sentences for these crimes can result in imprisonment, financial penalties, or both. These penalties, however, are less extreme than punishments for first-degree felonies. First-degree penalties are deemed “life or long term”, misdemeanors as “small jail or fines”, and second-degree as the mid-range “serious but not maximum” penalties. This category is the state's middle ground for high-impact offenses.

Which Crimes Are Considered Second Degree Felonies in Michigan?

Per Michigan law, the following offenses qualify as second-degree felonies:

• Second-degree criminal sexual conduct (MCL 750.520c): A person is guilty of criminal sexual conduct in the second degree when intentional touching of intimate parts, or the clothing covering them, occurs under aggravating conditions. These situations involve the use of force or coercion, the victim being under thirteen, abuse of authority positions such as teachers or guardians, or commission of the act during another felony.
• Second-degree child abuse (MCL 750.136b): A person commits this crime when a child suffers physical injury or serious mental harm caused by maltreatment or neglect.
• Assault with intent to cause great bodily harm less than murder (MCL 750.84): This crime is committed when an assault takes place with the aim of inflicting severe physical injury, but without the intent to cause death.
• Second-Degree home invasion (MCL 750.110a(1)): This offense is committed when a person unlawfully enters a dwelling with the intent to commit larceny, assault, or any other felony. It differs from first-degree home invasion as it lacks aggravating factors such as armed entry.
• Controlled substance crimes (MCL Chapter 333): A person violates this statute by distributing or possessing controlled substances in amounts surpassing misdemeanor thresholds.
• Second-Degree murder (MCL 750.317): This crime occurs when an unlawful killing happens without premeditation, or when reckless indifference to human life causes the death of another.

What is Second Degree Murder and How is it Classified in Michigan?

In Michigan, second-degree murder (MCL 750.317) means causing the death of another person without planning beforehand, or acting in a reckless way that shows a clear disregard for human life. The statute covers killings that are intentional but not preplanned, as well as deaths caused by conduct so reckless that they result in loss of life.

The distinction between first-degree and second-degree murder rests on planning and deliberate intent. First-degree murder (MCL 750.316) means a killing that is deliberate and planned ahead of time, such as waiting in ambush, using poison, or causing death while committing another major crime like robbery or sexual assault. While second-degree murder involves deaths with the intent to cause harm, but with no prior plan to kill.

Manslaughter (MCL 750.321) is treated as less severe than both murder charges. It applies to killings caused by reckless behavior, sudden provocation, or emotional disturbance, such as an act committed in the heat of passion. Unlike second-degree murder, manslaughter does not involve extreme disregard for life.

Michigan Second Degree Felonies Penalties and Punishments

The penalty for second-degree felonies in Michigan varies with the felony class and the statute defining the crime under the Michigan Penal Code. Courts follow sentencing guidelines but must stay within statutory limits. Offenders may face imprisonment, fines, restitution, probation, or any combination of sanctions.

Class C felonies with second-degree status expose defendants to lengthy sentences. For instance, criminal sexual conduct in the second degree (MCL 750.520c) carries up to 15 years and fines of $20,000. Manslaughter, robbery, and human trafficking with injury fall within the same range. Class B felonies impose harsher penalties. Second-degree arson (MCL 750.73), second-degree child abuse (MCL 750.136b), and producing child pornography invoke sentences up to 20 years.

Punishment intensifies when aggravating factors appear. Using firearms, committing crimes in weapon-free school zones, harming children or protected workers, or targeting multiple victims may lead to mandatory minimums or extended prison terms. On the other hand, courts may turn to probation, community service, treatment programs, or restitution when circumstances justify leniency. Prior convictions typically carry greater penalties under Michigan’s habitual offender statutes. MCL 769.10 authorizes a sentence up to one and a half times the statutory maximum for a subsequent second-degree felony, unless the crime already allows life. Under MCL 769.12, a fourth or later conviction can result in life imprisonment. Where the new offense counts as a “serious crime” and one or more prior felonies are listed as priors, the law requires at least 25 years. This scheme pushes sentencing from judge discretion toward mandatory terms for repeat violent offenders.

Are Second Degree Felony Records Public in Michigan?

Yes. In Michigan, conviction records from second-degree felony cases are generally open to the public under Michigan Court Rules Chapter 1. Police records tied to these felonies are also available through the Freedom of Information Act. While the courts are not subject to FOIA, both systems operate together to ensure access to felony case files and related law enforcement documents unless a statute, rule, or judicial order restricts release.

State rules place safeguards that balance access with confidentiality. Certain categories of information are sealed or withheld:

• Personal identifiers, including date of birth, social security numbers, and driver’s license numbers, must be redacted.
• Victim home addresses, work addresses, and telephone numbers remain nonpublic.
• Convictions that have been set aside or expunged are removed from public view

How to Access Second Degree Felony Court Records in Michigan

Searches for Michigan court records usually begin by identifying the court where the case was filed, often the county circuit or district court handling second-degree felonies. Public portals and direct requests offer several access routes:

• MiCOURT Case Search: A statewide portal allowing searches of criminal and mixed case dockets by name or case number.
• Visit the local court or clerk’s office: Request the offender’s file or register of actions at the courthouse where the case was maintained. A case number or defendant’s name and photo ID are typically required.
• County record portals: Many counties provide online systems. For instance, Oakland County operates its own portal for court records.
• Mail or email requests: Submit a records form to the clerk, listing the document(s) sought (e.g., docket, sentencing order). Check for applicable fees or redaction policies.
• State police and expungement tools: Michigan’s ICHAT system allows criminal history checks. Expunged or set-aside convictions may not appear in public results.

Parties should comply with state laws, court rules, and privacy protections. Information such as victim addresses or personal identifiers may be redacted, and entire files may be sealed by order. Respect for these limits remains essential.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. In Michigan, second-degree felony charges can sometimes be reduced or even dismissed, but the path depends on evidence, facts of the case, and how the defense approaches negotiations. Plea bargains are the most common option. A prosecutor may agree to drop certain counts or reduce the charge if the defendant pleads guilty to something less serious. These deals usually arise when the state faces weak evidence, uncertain witnesses, or when the defendant has no serious prior record. Any agreement still requires approval by the judge, who checks that the plea is voluntary and fair.

Michigan law also allows a limited form of conditional dismissal. Under MCL 771.1, a judge may defer entering a conviction and place the defendant on probation instead. If probation is completed successfully, the case can be dismissed or reduced. This option is never guaranteed. Both prosecutor and judge must consent, and certain offenses remain excluded. When applied, it gives defendants a path to avoid lasting felony consequences if all conditions are met.

Apart from bargaining and probation statutes, defense counsel may file pre-trial motions to contest the case. Suppressing unlawfully gathered evidence or disputing probable cause can undermine prosecution, sometimes resulting in dismissal.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Michigan?

Yes, but with significant restrictions. Michigan law does not erase convictions outright. Instead, MCL 780.621 permits certain convictions to be “set aside”. Many violent crimes, including murder and some second-degree felonies, remain ineligible. Under Michigan’s Clean Slate reforms, some convictions qualify for automatic or petition-based set-asides if strict requirements are met.

Eligibility generally includes:

• No more than three felony convictions on record
• No convictions for murder, attempted murder, or offenses punishable by life
• No convictions for second-degree CSC or related child abuse offenses
• Waiting period of 5 years after sentencing or release for one felony, 7 years for multiple felonies
• No new criminal convictions during the waiting period
• Court must find that granting the request serves public welfare and justice

If charged with second-degree murder or a serious second-degree felony but not convicted, related records may be set aside if:

• Charges were dismissed or withdrawn
• A grand jury returned a no-bill
• The defendant was acquitted.

Applicants must meet waiting periods (3–5 years) and confirm no pending charges. Legal counsel is strongly advised to ensure compliance and maximize success.

How Long Do Second Degree Felony Records Stay Public in Michigan?

In Michigan, second-degree felony records remain public indefinitely unless set aside under MCL 780.621. Clean Slate law allows automatic set-asides for eligible felonies after ten years, if no new convictions or pending charges exist.