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What Is a 90 Day Misdemeanor Michigan

What Is a 90-Day Misdemeanor in Michigan?

In the state of Michigan, criminal offenses are categorized into different levels based on their severity. One such classification is a 90-day misdemeanor, which refers to a specific type of misdemeanor offense that carries a maximum penalty of up to 90 days in jail. While these offenses are less serious than felonies, they are still considered criminal acts and can have significant legal consequences.

Understanding Misdemeanors in Michigan

Before delving into 90-day misdemeanors, it is essential to have a basic understanding of how misdemeanors are classified in Michigan. Misdemeanors are criminal offenses that are less severe than felonies but more serious than civil infractions. They are typically punishable by fines, probation, community service, or a jail sentence of up to one year.

Misdemeanors in Michigan are further divided into three categories: 93-day misdemeanors, 1-year misdemeanors, and high court misdemeanors. The classification depends on the severity of the offense and the maximum penalty it carries.

Exploring 90-Day Misdemeanors

A 90-day misdemeanor is classified as a low-level misdemeanor offense in Michigan. Offenses falling under this category include but are not limited to:

1. Disorderly conduct: Engaging in disorderly, disruptive, or offensive behavior that disturbs the peace.
2. Simple assault: Intentionally causing physical harm or apprehension of immediate harm to another person.
3. Retail fraud: Shoplifting or stealing merchandise from a store or retail establishment.
4. Trespassing: Entering or remaining on someone else’s property without permission.
5. Possession of marijuana: Possessing a small amount of marijuana for personal use.
6. Petty theft: Stealing property with a value below a certain threshold, typically $200 or less.
7. Malicious destruction of property: Willfully damaging or destroying someone else’s property.

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It is important to note that the list above is not exhaustive, and the specific offenses classified as 90-day misdemeanors may vary depending on the jurisdiction and circumstances of the case.

Potential Consequences of a 90-Day Misdemeanor

Being charged and convicted of a 90-day misdemeanor can have various legal consequences. While the maximum penalty is a 90-day jail term, it is at the discretion of the judge to determine the actual sentence based on the circumstances of the offense and the defendant’s prior criminal record.

In addition to jail time, individuals convicted of a 90-day misdemeanor may face fines, probation, community service, mandatory counseling or classes, and restitution for any damages caused. Furthermore, a criminal record resulting from a 90-day misdemeanor conviction can have long-term consequences, such as difficulty finding employment, obtaining housing, or qualifying for certain licenses.


1. Can a 90-day misdemeanor be expunged from my record in Michigan?
Yes, under certain circumstances, it is possible to have a 90-day misdemeanor expunged from your criminal record in Michigan. However, eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the absence of subsequent criminal behavior.

2. Is probation likely for a 90-day misdemeanor conviction?
While probation is a possible consequence of a 90-day misdemeanor conviction, it is not guaranteed. The judge will consider the specific circumstances of the case, including the defendant’s criminal history and the nature of the offense, when determining an appropriate sentence.

3. Can a 90-day misdemeanor conviction be enhanced to a felony?
In some cases, a 90-day misdemeanor offense can be enhanced to a felony if certain aggravating factors are present. For example, if the offense involves a weapon or results in serious injury, it may be elevated to a felony charge.

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4. Can I represent myself in a 90-day misdemeanor case?
While it is legally permissible to represent yourself in a criminal case, it is generally not recommended, especially for more serious offenses. It is highly advisable to seek legal counsel to ensure your rights are protected and to navigate the complexities of the legal system effectively.

In conclusion, a 90-day misdemeanor in Michigan refers to a low-level criminal offense that carries a maximum penalty of 90 days in jail. While these offenses are less severe than felonies, they can still have significant legal consequences. It is crucial to consult with a knowledgeable attorney if you are facing charges for a 90-day misdemeanor to ensure you understand your rights and options.

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