Most Common Criminal Charges in Michigan: What You Need to Know

Being investigated or charged with a crime can be one of the most stressful experiences a person will ever face. Whether law enforcement has contacted you during an investigation, you've been arrested, or you've already appeared in court, obtaining experienced legal representation early can have a significant impact on the outcome of your case.

At Bondy Law, PLLC, we routinely represent individuals charged with Michigan felony and misdemeanor offenses throughout Oakland County, Livingston County, Washtenaw County, Genesee County, and surrounding communities. Our representation often begins before criminal charges are ever authorized, during the investigation stage when law enforcement requests interviews, executes search warrants, or seeks additional evidence. We also represent clients after charges are filed, at arraignment, during bond hearings, throughout pretrial proceedings, evidentiary hearings, plea negotiations, sentencing, trial, and probation violation hearings.

From first-offense misdemeanors to complex felony investigations, our practice is focused on protecting our clients' constitutional rights, preserving their freedom, and obtaining the best possible outcome.

Most Common State of Michigan Felony and Misdemeanor Criminal Charges

1. Domestic Violence Charges

Domestic violence is among the most frequently prosecuted criminal offenses in Michigan. Charges may arise between spouses, dating partners, former partners, family members, or individuals who share a child. Depending on the circumstances, prosecutors may charge:

• Domestic Violence (93-day misdemeanor)

• Second-Offense Domestic Violence (1-year misdemeanor)

• Third-Offense Domestic Violence (5-year felony)

• Aggravated Domestic Violence (1-year misdemeanor)

• Assault by Strangulation or Suffocation (10-year felony)

  
  

The classification of the offense and the specific charge filed depends on several factors, including whether there are any injuries and the severity of alleged injuries, whether the accused used a dangerous weapon, and whether the accused has any prior convictions. It is not uncommon for false allegations of domestic violence to result in a criminal charge, especially in situations involving divorce or child custody disputes where one party is seeking to use the false allegations of domestic violence in their family court matter.

These cases often involve no-contact bond conditions, firearm restrictions, personal protection orders, and allegations based primarily on witness statements rather than physical evidence. Prosecutors frequently continue prosecution even if the alleged victim later wants the charges dismissed. Domestic Violence charges require a strategic, thorough, and vigorous defense from the moment the allegations arise.

2. Drunk Driving (OWI / DUI, OWVI, High BAC, Impaired Driving, Driving Under the Influence)

Operating While Intoxicated (OWI) is one of the most common criminal charges filed in Michigan. The most common drunk driving charges in Michigan include:

• Operating While Intoxicated (OWI)

• Operating While Visibly Impaired (OWVI)

• Operating With a High BAC ("Super Drunk")

• Zero Tolerance (Under 21)

  
  

A first offense OWI in Michigan is a misdemeanor that carries a maximum possible sentence of up to 93 days in jail, a second offense is punishable by up to 1-year in jail, and a third offense is a felony with a maximum sentence of up to 5-years in the Michigan Department of Corrections (prison). Although a first offense is a misdemeanor, a conviction can carry significant consequences, including jail, probation, driver's license sanctions, ignition interlock requirements, alcohol testing, and substantial fines. Many courts impose immediate bond conditions requiring random drug and alcohol testing, portable breath testing, no consumption of alcohol or drugs, bond compliance requirements, travel restrictions, and obligations to engage in substance abuse treatment. Successful defense of OWI / DUI charges often focuses on challenging the legality of the traffic stop, field sobriety tests, breath or blood testing (scientific), and constitutional issues.

3. Retail Fraud (Shoplifting)

Retail Fraud charges can affect employment, professional licensing, immigration status, and future educational opportunities. Michigan recognizes three different degrees of Retail Fraud, with each carrying different potential penalties:

• First Degree Retail Fraud (5-year felony)

• Second Degree Retail Fraud (1-year misdemeanor)

• Third Degree Retail Fraud (93-day misdemeanor)

  
  

Additionally, in Michigan prosecutors can charge an accused with Organized Retail Crime, a 5-year felony offense, when there is evidence that the accused organized, supervised, financed, managed, or assisted another person in committing a Retail Fraud offense, or committed certain acts in the process of a Retail Fraud offense like removing / deactivating antishoplifting devices. Even relatively small theft allegations can result in criminal convictions, restitution orders, immigration consequences, loss of employment, and other significant consequences. Prosecutors often consider prior theft-related offenses when determining whether to authorize felony charges.

4. Drug Possession, Delivery & Manufacturing Charges

Michigan drug crimes range from simple possession to large-scale delivery and manufacturing charges. Common controlled substance related offenses in Michigan include:

• Possession of Controlled Substances

• Cocaine Possession

• Fentanyl Possession

• Methamphetamine Possession

• Psilocybin (Magic Mushroom) Possession

• Prescription Drug Offenses

• Delivery or Manufacture of Controlled Substances

Potential penalties vary dramatically depending on the drug, quantity, and evidence of intent to distribute. Drug cases frequently involve constitutional search and seizure issues concerning traffic stops, searches of a vehicle or a person, consent searches, and search warrants. Bond conditions commonly include random drug testing and restrictions on alcohol or controlled substance use.

5. Assault and Battery Charges

Not every assault charge involves Domestic Violence and Assault charges are frequently prosecuted in Michigan, even when someone has not been punched, hit, shoved, or had physical contact with the accused. Michigan prosecutors routinely issue assaultive charges in Michigan, including:

• Assault and Battery (93-day misdemeanor)

• Aggravated Assault (1-year misdemeanor)

• Felonious Assault (4-year felony)

• Assault with Intent to do Great Bodily Harm / Strangulation (10-year felony)

• Resisting/Assaulting/Obstructing a Police Officer (felony or misdemeanor)

  
  

Bond conditions often prohibit contact with the alleged victim while the case is pending. Many Assault cases arise from conflicting witness accounts, self-defense claims, mutual combat situations, or disputes over what actually occurred. These charges often involve eyewitness testimony, audio/visual evidence, medical records, and heightened tensions between the parties. Because of the violent nature of Assault and Battery allegations, these cases are often scrutinized by law enforcement, prosecutors, and judges. Assault and Battery require significant investigation and aggressive representation from an experienced criminal defense attorney.

6. Traffic Crimes

Traffic offenses can carry far more serious consequences than many people realize, including potential jail time, significant fines and costs, points and driver's license sanctions, and increased insurance premiums. Michigan prosecutors frequently authorize traffic charges for:

• Reckless Driving (misdemeanor)

• Careless Driving (civil infraction)

• Driving While License Suspended / Denied / Revoked (DWLS) (misdemeanor)

• Driving Without a Valid License (misdemeanor)

• Leaving the Scene of an Accident (misdemeanor)

• Failure to Report an Accident (misdemeanor)

• Fleeing and Eluding (misdemeanor or felony)

• No Insurance (civil infraction or misdemeanor)

Some offenses are civil infractions or misdemeanors, while others may be charged as felonies depending on the circumstances. Even civil infraction offenses can carry significant penalties and may result in a suspension or revocation of your driver's license.

7. Resisting or Obstructing a Police Officer

Resisting or Obstructing (often called "R&O") can be charged as either a misdemeanor or felony depending upon the circumstances. These allegations often involve claims that the accused: failed to comply with a lawful order from a police officer, pulled away during an arrest, provided a false name to law enforcement, interfered with an investigation, or physically resisted law enforcement officers. These cases require a thorough review of all evidence, including critical body-worn camera footage. Potential penalties range from misdemeanors to serious felony charges when injuries are alleged.

Bond conditions frequently prohibit new police contact and may include reporting requirements.

8. Expungement (Setting Aside Criminal Convictions)

Although not a criminal charge, expungements are among the most common legal matters we handle. Michigan's recently expanded expungement laws through Clean Slate legislation now allow many individuals to seek removal of prior criminal convictions from their public record. Expungements are now available for misdemeanor convictions, up to 3 felony convictions, marijuana related convictions, and even OWI first offense convictions. Successful expungement can improve employment opportunities, housing options, professional licensing, and educational opportunities.

9. Probation Violations

A probation violation is a serious matter, depending on how the violation is handled you could face the revocation of your probation, incarceration in the county jail or even the Michigan Department of Corrections (MDOC), increased probation obligations, and significant costs. Probation violations now involve both technical and non-technical violations. Common probation violations include positive drug or alcohol tests, missed drug or alcohol tests, missed probation appointments, failure to complete programing such as counseling or therapy, failure to pay fines and costs, and obtaining new criminal charges.

Judges have broad discretion when sentencing a person convicted of a probation violation and even if found guilty of the violation, mitigating evidence can be provided to the judge and probation officer to avoid the judge revoking probation and ordering a jail or prison sentence. Quick action by experienced counsel can often make a significant difference before the violation hearing occurs.

10. Malicious Destruction of Property (MDOP)

Malicious Destruction of Property (MDOP) charges are filed when there is evidence that the accused intentionally damaged property belonging to others. Michigan prosecutors regularly file charges involving alleged damage to personal property (MDOP), commercial buildings (MDOB), homes, Police or Fire Department Property, school busses, utility equipment, and vehicles. The severity of the offense generally depends on the amount of alleged damage, with penalties ranging from misdemeanors to serious felonies. These cases often involve disputes regarding ownership, intent, insurance claims, or the actual value of the damage.

Criminal Sexual Conduct (CSC) & Sex Crime Charges

Few criminal allegations carry consequences as severe as Michigan sex crime charges, otherwise known as CSC. Allegations of CSC can be disastrous to your personal and professional reputation. Often these cases involve no physical evidence and are prosecuted based on allegations alone, which makes it extremely important for anyone accused of CSC to retain an experienced sex crimes attorney immediately when the allegations arise. An accused should never wait for a charge to be issued or talk with law enforcement before having an experienced sex crimes attorney. Sex crimes in Michigan are often prosecuted as serious felony offenses, common charges include:

• Criminal Sexual Conduct (CSC) First Degree

• CSC Second Degree

• CSC Third Degree

• CSC Fourth Degree

• Child Sex Crimes

• Internet Sex Crimes

• Accosting or Soliciting

• Indecent Exposure

  
  

A conviction may result in prison, mandatory sex offender registration, lifetime reporting requirements, electronic monitoring, and other collateral consequences. Charges involving allegations of sex crimes often include a specially assigned prosecutor from a Special Victim's Unit of the prosecutor's office. These prosecutors are well-trained, experienced, and often assist in investigating the allegations long before formal charges are filed, making early legal representation especially important.

Charged with a Crime in Michigan? Speak with an Experienced Michigan Criminal Defense Attorney Before Your Arraignment

Every criminal case is different, and the earlier an experienced criminal defense attorney becomes involved, the greater the opportunity to protect your rights and influence the outcome of your case.

Whether you are under investigation, have been arrested, received notice of criminal charges, or are preparing for trial, Bondy Law, PLLC represents clients throughout Michigan facing both felony and misdemeanor charges. We regularly defend clients in courts across Oakland County, Livingston County, Washtenaw County, and surrounding communities, providing strategic representation from the investigation stage through trial and, when appropriate, post-conviction relief.

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