What Is a Third-Degree Felony in Michigan?

A third-degree felony in Michigan refers to low-level felonies in the state, which are less severe than first- and second-degree felonies. However, unlike some other states, Michigan does not formally categorize its felonies into degrees. Instead, Section 777.5 of Michigan law classes its felonies into classes M2 and A through H. A felony’s classification primarily depends on the seriousness of the crime. For example, class M2 and A offenses are crimes punishable by up to life imprisonment. These crimes include second-degree murder, kidnapping, and armed robbery. Therefore, a third-degree felony would be crimes included in classes E to H. Some crimes in these categories include:

• Shoplifing
• Home invasion in the third degree
• Ethnic intimidation
• Squatting
• Nonconsensual social media posts

Common Offenses That Fall Under Third-Degree Felony Charges

Although Michigan does not have an explicit third-degree felony classification, some offenses are expressly referred to as third-degree offenses. A good example of these types of crimes is sexual misconduct in the third degree, outlined in Section 750.520 of Michigan Law. This felony is punishable by up to 15 years in prison. Other crimes clearly labelled in the third degree are:

1. Home invasion in the third degree: A person is guilty of home invasion in the third-degree if they break into a dwelling to commit a misdemeanor or violate parole conditions while in the dwelling. This crime is punishable by up to five years in prison.
2. Arson in the third degree: Under Section 750.74, a person who burns or destroys by fire or explosion a building under circumstances that cause it to be less severe than first- or second-degree arson is guilty of third-degree arson. Individuals convicted of this crime can face up to 10 years in prison.

Penalties and Sentencing for Third-Degree Felonies in Michigan

Michigan’s statute provides that each category of felonies, A to H, in Michigan has a corresponding maximum prison term and maximum fine. For example, individuals convicted of Class C felonies could face up to 15 years in prison. Meanwhile, Class D felonies carry a maximum prison sentence of 10 years. Class E felonies have the least severe punishments of the mid-level felonies, with offenders facing a maximum of 5 years and a possible fine of up to $2,500.

However, these are simply the maximum. The actual amount of time a person would spend in jail, the actual sentence depends heavily on the:

1. Specific offense,
2. Past convictions,
3. Aggravating or mitigating factors, and
4. Guidelines under Michigan’s sentencing rules.

Some defendants may receive probation, conditional sentencing, or deferred sentences instead of or in addition to prison time. This is especially for less severe felony counts or first-time offenders.

The following table shows each mid-level felony class, examples of offenses, and maximum penalties:

Will You Go to Jail for a Third-Degree Felony in Michigan?

Yes, in Michigan, a person will go to jail if they are convicted of a third-degree felony. Any individual convicted of such crimes should expect a jail term of at least a year, classified as a third-degree felony. However, this might not always be the case, as the court may impose probation or alternative sentencing depending on the mitigating factors. According to Section 769.3 of the Michigan Statutes, a court may also put the individual on probation pending the payment of a fine, costs, damages, or restitution. However, if the offender fails to pay the fine, the court may impose a prison sentence.

How Long Does a Third-Degree Felony Stay on Your Record?

In Michigan, unless a conviction is dismissed, a felony conviction remains on a person’s criminal record permanently. The record does not automatically disappear with time. However, Michigan law provides individuals with a process to have their records sealed or expunged.

It should be noted that sealing or expungement does not permanently delete the record. While regular civilians, such as landlords and employers, cannot access these records, law enforcement agents and the courts will still have access to them.

Can a Third-Degree Felony Be Sealed or Expunged in Michigan?

Yes, a felony may be expunged from a person's court record under Michigan law. It is essential to verify your eligibility for expungement, as not all felonies are eligible for removal from court records. A person may expunge their records five years after a jail term, probation, or other sentence is completed. Therefore, an appeal may be rejected if a person requests removal before the end of the eligibility period. Additionally, some felonies, such as those carrying a life sentence, do not qualify for removal from the registry.

Once eligibility has been verified, take the following steps:

1. Ask the clerk of the court where the conviction occurred for a certified copy of the sentence record.
2. Fill out the application found on the website of the State Court Administrative Office.
3. After completing the Michigan Applicant Fingerprint card, any local law enforcement agency will register your fingerprints.
4. Send the application to be notarized by a court clerk or notary. For identification purposes, a passport photo is also required.
5. Make four copies of the notarized application and the official record of conviction.
6. Send the filing application to the court where the conviction occurred. It can be lodged in person or by mail.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Although Michigan does not have first-, second, and third-degree labels for its felonies, its current categorisation system still refers to the seriousness of an offense. For instance, offenses in Class A are the most serious felonies. This includes crimes like first-degree criminal sexual conduct, kidnapping, or armed robbery, with life sentences or very long terms.

Class B to C felonies also involve serious but less extreme offenses, such as violent assault, manslaughter, or significant drug trafficking. These crimes also carry lengthy but lesser prison sentences.

The equivalent of a third-degree offense in Michigan would be crimes that are serious but non-violent or mid-level, such as Class D or E.

The following table compares the different felony classes in Michigan:

How to Look Up Third-Degree Felony Records in Michigan

Individuals seeking Michigan felony records can access them through various means. For example, a person may visit the Michigan State Police’s Criminal History Record webpage. The webpage offers record seekers multiple options to complete their searches. Interested parties may use the iCHAT feature to conduct name-based searches. The webpage also allows users to search for a person’s criminal history using fingerprints.

Aside from the State Police’s website, one can also visit the county clerk's office in the county where the individual was arrested, booked, or incarcerated. Parties may also see a county’s sheriff’s office to find these records. Third parties are also available to people who cannot quickly access government sources.

Requesters should note that since juvenile records are often regarded as sensitive information, they may not be publicly accessible. The same applies to sealed or expunged records, which have been removed by a court order.

Probation and Parole for Third-Degree Felony Offenders

After conviction of a mid-level felony, a judge may impose probation, conditional sentencing, or a mixed sentence (some jail time plus probation). The courts typically impose these types of punishments, especially if the crime is nonviolent and the defendant has no prior felony convictions. Parole may become available after serving part of the prison term, depending on the class of felony, good behavior, and statutory parole rules under Michigan law. A person would have to complete all the conditions of their sentencing to qualify for parole.