What An Offense Level Means
MCL 761.1 — a felony is punishable by more than 1 year, and the defaults when a statute names no penalty
In the code of criminal procedure, a felony is a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year, or an offense expressly designated by law to be a felony. A misdemeanor is a violation of a penal law that is not a felony, or a violation of a state agency's order, rule or regulation, punishable by imprisonment or by a fine that is not a civil fine.
The penal code words it its own way. A felony there is "an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison." An act or omission that is not a felony but is punishable by a fine, penalty or forfeiture, by imprisonment, or by both, is a misdemeanor. And doing an act a statute prohibits, where no penalty is set in that section or any other, is a misdemeanor too.
| Where no punishment is specially prescribed | The default |
|---|---|
| Where no punishment is specially prescribedA felony | The defaultUp to 4 years, a fine up to $5,000, or both |
| Where no punishment is specially prescribedA misdemeanor, under the penal code or any other act | The defaultUp to 90 days, a fine up to $500, or both |
The defaults apply only to an offense for which no punishment is specially prescribed. Where the statute that creates an offense sets its own penalty, the pages for that offense in this guide give it.
A violation punishable only by a civil fine is not a misdemeanor under the procedure code's definition. Civil infractions, sentencing guidelines, and what a record does beyond the sentence are not covered here.
Sources for this section (6)
- MCL 761.1 — Code of criminal procedure definitions, including felony and misdemeanor
- MCL 750.7 — Felony; definition
- MCL 750.8 — Misdemeanor; definition
- MCL 750.9 — Misdemeanor where no penalty is set
- MCL 750.503 — Punishment of a felony when not fixed by statute
- MCL 750.504 — Punishment of a misdemeanor when not fixed by statute
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.