Criminal Defense Laws in Michigan

Criminal Defense Law in Michigan: Overview

Michigan has undergone substantial criminal justice reform in recent years, highlighted by the 2020 Clean Slate Act that dramatically expanded expungement eligibility. The state uses the term OWI (Operating While Intoxicated) for drunk driving offenses and imposes escalating penalties with a lifetime lookback. Michigan legalized recreational marijuana in 2018 through Proposal 1. The state does not have a traditional three-strikes law but has a habitual offender statute that allows sentence enhancement for repeat felony offenders. Michigan follows a stand your ground doctrine with no duty to retreat and has a robust castle doctrine codified by statute. The death penalty was abolished by the Michigan Constitution in 1963, making Michigan one of the first English-speaking jurisdictions in the world to prohibit capital punishment. Michigan classifies felonies by specific statutory maximum sentences rather than a lettered class system.

Key Statutes & Deadlines

OWI Laws and Super Drunk Enhancement

Michigan's OWI law prohibits operating a vehicle with a BAC of 0.08% or higher, with an enhanced "super drunk" offense for BAC of 0.17% or higher. A first-time super drunk offense carries up to 180 days in jail (double the standard first offense), fines up to $700, a one-year license suspension with a restricted license available after 45 days (with an ignition interlock device), and up to 360 hours of community service. Michigan uses a lifetime lookback for prior offenses. A third OWI offense within a lifetime is a felony punishable by 1-5 years in prison and a mandatory minimum 30 days in jail or 60 days of community service. The legal limit is 0.02% for drivers under 21 and 0.04% for commercial vehicle operators.

Stand Your Ground and Castle Doctrine

Michigan enacted its Self-Defense Act in 2006 (MCL § 780.972), which eliminated the common-law duty to retreat. A person may use deadly force anywhere they have a legal right to be if they honestly and reasonably believe such force is necessary to prevent imminent death, great bodily harm, or sexual assault. The castle doctrine, codified under MCL § 768.21c, provides a legal presumption that a person who uses deadly force against someone unlawfully entering their dwelling acted reasonably. This presumption shifts the burden to the prosecution. The law does not apply if the person against whom force was used had a legal right to be in the dwelling or if the person using force was engaged in criminal activity at the time.

Clean Slate Expungement Expansion

Michigan's 2020 Clean Slate Act is one of the most expansive expungement laws in the country. It allows individuals to set aside up to three felony convictions and an unlimited number of misdemeanors. Beginning in 2023, the law introduced automatic expungement for eligible misdemeanors after 7 years and felonies carrying a maximum sentence of 10 years or less after 10 years, provided the person has no subsequent convictions. Certain offenses are excluded from expungement, including life felonies, criminal sexual conduct offenses, child abuse, terrorism, and human trafficking. Traffic offenses including OWI became eligible for expungement in 2021 after a waiting period and with certain conditions, reversing a longstanding prohibition.

Michigan Court System

Michigan criminal cases are heard in the District Courts and Circuit Courts. District Courts handle misdemeanors carrying up to one year in jail and conduct preliminary examinations in felony cases. Circuit Courts have jurisdiction over all felony trials and serious misdemeanors. Each of Michigan's 83 counties has a Circuit Court. The Court of Appeals, divided into four districts, hears criminal appeals. The Michigan Supreme Court is the court of last resort. Juvenile cases are handled by the Family Division of the Circuit Court. Michigan also has municipal courts in a few cities that handle ordinance violations and minor misdemeanors.

Damages & Penalties

Michigan does not use a lettered felony classification system. Instead, each criminal statute specifies the maximum penalty for the offense. Felonies range from those carrying a maximum of 2 years in prison to life imprisonment. Common felony maximums include 4 years, 5 years, 10 years, 15 years, 20 years, and life. Michigan's sentencing guidelines provide recommended minimum sentence ranges based on offense severity and prior record variables, scored on a point system. Judges must sentence within the guidelines range or articulate substantial and compelling reasons for departure. Misdemeanors are classified as 93-day misdemeanors, 1-year misdemeanors, or high court misdemeanors (up to 2 years). Fines vary by offense and can be substantial for drug trafficking and financial crimes.

Recent Legislative Changes

The 2020 Clean Slate Act dramatically expanded expungement eligibility and introduced automatic expungement for qualifying offenses. Michigan began implementing the automatic expungement process in 2023 after building the necessary technology infrastructure. In 2021, OWI convictions became eligible for expungement for the first time. Michigan has also expanded its specialty court system, including drug courts, mental health courts, and veterans' treatment courts. The state raised the felony larceny threshold from $1,000 to $1,000 (no change) but has considered further increases. Michigan continues to evaluate sentencing reform proposals aimed at reducing prison populations for nonviolent offenders.

Frequently Asked Questions