Michigan Criminal Law

Michigan crimes and punishments are detailed in a series of statutes. The criminal law statutes in Michigan cover a broad range of behaviors and punishments, and can be difficult to work through.The information below is a brief outline of some selected statutes that cover common issues in Michigan criminal law. For specific questions or problems, contact a Michigan criminal defense attorney.

Drug Possession in Michigan

Michigan drug laws have recently gone through a legislative overall that eliminated mandatory minimum sentencing for drug possession and sale. Now, Michigan breaks penalties up depending on the nature of the drug and the quantity sold.

Marijuana Possession in Michigan

  • a misdemeanor with possibility of one year in jail and a $2,000 fine
Marijuana Distribution in Michigan
  • a felony punishable by up to 15 years with up to a $500,000 fine for large quantities over 45 kilograms
Narcotics in Michigan
  • narcotics such as cocaine and heroin have considerably more strict penalties for smaller quantities
  • Possession of Narcotics in Michigan
    • any amount is a felony punishable by jail time and a fine starting at $25,000, with a maximum life sentence for possession of quantities over 650 grams
  • Distribution of Narcotics in Michigan
    • selling any quantity up to 50 grams can lead to as many as 20 years in prison and a $25,000 fine
    • as quantity increases, prison sentence increases, with the possibility of a life sentence

Drug possession and distribution in Michigan is a serious offense, and a defendant should contact a Michigan criminal defense attorney with any detailed questions regarding an arrest.

Assault in Michigan

In Michigan, assault and battery occur when someone creates a serious threat of bodily harm, or intentionally causes bodily harm to another.

In its basic form, assault in Michigan is punishable by up to 93 days in jail and up to a $500 fine.

Aggravated assault in Michigan involves assault with a weapon, and can be punishable by up to one year in jail and a $1,000 fine.There are other circumstances that can further elevate the assault charge and increase the penalties; discuss any questions or concerns with a Michigan criminal defense attorney.

Michigan Drunk Driving – OWI

Michigan takes drunk driving seriously, and treats offenders with tough punishments. A first time offense in Michigan can result in a jail term of up to 93 days, a license suspension of up to 6 months, a fine up to $500, and community service. Depending on the severity of the offense, the penalty can increase. It is important to discuss your options with a Michigan OWI lawyer.

Right to a Jury in Michigan

A defendant in Michigan has a right to a trial by jury in any criminal proceeding. A defendant may waive that right in a written statement to the Court, and ask to be tried by a judge instead.

Trial Date in Michigan

An accused in Michigan has a right to a speedy trial, but will allow delays or continuances for good cause in order to ensure a fair trial for the accused.The Michigan statutes do not indicate a specific number of days after arraignment in which an accused must be tried, however if a lengthy delay has occurred, contact a Michigan defense attorney.

Sentence Review and Appeals in Michigan

A convicted defendant in Michigan may file a timely appeal of a conviction or sentence, and have the case reviewed by a court of appeals for a possible decision granting the defendant a new trial. An appeal process requires timely attention to procedures, so contact a Michigan defense attorney.

Michigan Consolidated Statutes

Click here for Michigan's Consolidated Statutes

  1. Drug Possession in Michigan
    1. Chapter 333, Act 368: Public Health Code, Article 7: Controlled substances § 333.7401
  2. Assault in Michigan
    1. Chapter 750, Act 328: The Michigan Penal Code, Article 11: Assaults §§ 750.81, 750.81a
  3. Michigan Drunk Driving – OWI
    1. Act 300: Michigan Vehicle Code, Article 6: Driving While Intoxicated §257.625
  4. Right to Jury in Michigan
    1. Chapter 763, Act 175: The Code of Criminal Procedure, Article 3: Rights of Persons Accused, § 763.3
  5. Trial Date in Michigan
    1. Chapter 768, Act 175: The Code of Criminal Procedure, Chapter 8: Trials §§ 768.1, 768.2
  6. Sentence Review and Appeals in Michigan
    1. Chapter 770, Act 175: The Code of Criminal Procedure, Chapter 10: New Trials § 770.3
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