Misdemeanors

Muskegon Criminal Defense Attorneys Representing Individuals Accused of Misdemeanors

Misdemeanors are criminal offenses under Michigan law that, while less serious than felonies, can still carry significant consequences. A misdemeanor conviction can affect a person’s employment opportunities, housing options, financial stability, and reputation. Even seemingly minor charges can leave a permanent mark on a criminal record, limiting future opportunities. As such, if you are charged with a misdemeanor offense, it is critical that you take the matter seriously and seek the advice of an attorney. The experienced Muskegon criminal defense attorneys of McCroskey Law have a long history of advocating for people facing criminal charges, and if you are accused of a misdemeanor, we can explain your rights, explore possible defenses, and work toward the best possible outcome in your case. We represent clients charged with misdemeanors in Grand Rapids, Muskegon, and Battle Creek, and throughout West Michigan.

Misdemeanors Under Michigan Law

Michigan does not classify misdemeanors using letter grades (such as A, B, C) as some states do. Instead, the law differentiates misdemeanors by the maximum allowed sentence and whether they are tried in district or circuit court. The least serious misdemeanors carry a maximum jail term of up to 93 days and are punishable by a fine of up to $500. Offenses in this category often include disorderly conduct, simple assault, first-time shoplifting of items of low value, and possession of small amounts of marijuana prior to its legalization.

Misdemeanors considered more serious carry penalties of up to one year in jail and fines reaching $1,000. These may involve offenses like domestic violence, driving with a suspended license, or a first-offense operating while intoxicated (OWI). Both the 93-day and one-year misdemeanors are usually resolved in Michigan’s district courts. For these less serious offenses, Michigan law creates a rebuttable presumption that the court will impose a non-jail, non-probation sentence, such as a fine or community service, unless the judge clearly explains why a harsher penalty is necessary.

A special class of crimes known as “high-court misdemeanors” or “serious misdemeanors” is treated differently. Although still labeled misdemeanors, these crimes can result in up to two years in prison and are prosecuted in circuit court. Serious misdemeanors include aggravated assault, indecent exposure, and operating while intoxicated that causes an injury. The “high-court misdemeanor” label sometimes creates confusion since the possible sentence resembles that of a low-level felony, but under Michigan law, these crimes are still categorized as misdemeanors.

Defenses to Misdemeanor Charges

While people accused of misdemeanor crimes do not need to prove their innocence, in many cases, it benefits them to set forth a defense. For example, they may be able to challenge the prosecution’s evidence, argue that the arresting officer violated a person’s constitutional rights, or show that the alleged conduct does not meet the legal definition of the crime charged. In an OWI case, an attorney may question the accuracy of a breath test or argue that the stop itself was unlawful.

Other defenses include self-defense, particularly in assault cases, or mistaken identity when witness testimony is inconsistent or unreliable. In drug possession cases, attorneys may raise Fourth Amendment challenges if the evidence was obtained through an illegal search or seizure. Entrapment may also be a defense in situations where law enforcement induced a person to commit a crime they otherwise would not have committed.

Additionally, in some cases, attorneys can negotiate for alternative resolutions such as diversion programs, deferred sentencing, or plea agreements that reduce the charge to a civil infraction. These alternatives can help clients avoid the harshest penalties and, in some cases, may allow them to keep a conviction off their record altogether.

Speak with a Trusted Muskegon Misdemeanor Defense Attorney

While misdemeanors may not carry the weight of felony charges, they can have lasting personal, financial, and professional consequences. If you are facing a misdemeanor accusation, you should consult with an attorney as soon as possible to protect your rights and your future. The trusted Muskegon criminal defense lawyers of McCroskey Law are well-versed in Michigan criminal law, and if you hire us, we will help you take the measures necessary to safeguard your interests. We have offices in Grand Rapids, Muskegon, and Battle Creek, and we regularly defend clients in Kent, Newaygo, Muskegon, and Ottawa Counties. To schedule a confidential consultation, you can contact us at 800-442-0237 or through the form on our website.