Facing a felony charge in Kent County? Start with how the charge is classified and what the information alleges
A felony charge in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County starts with a question that sounds simple: is it a felony at all? In Michigan the test looks at what the statute allows, not at what a judge imposes. An offense punishable by more than 1 year in prison is a felony, and so is an offense the Legislature expressly calls one. Some offenses are labeled misdemeanors in the Penal Code yet allow up to 2 years, and the Michigan Supreme Court has held that those can count as felonies under the habitual offender, probation and consecutive sentencing provisions of the Code of Criminal Procedure. I read the maximum penalty in the charging statute first, because it decides which rules apply.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. After a case is bound over to circuit court, the charge on the information is not always the charge you end up answering. The court may let the prosecutor amend the information before, during or after trial unless the amendment would unfairly surprise or prejudice you, and the Court of Appeals has upheld adding a new offense on the first day of trial. If the substance of the charge changes, you may move for a discharge of the jury and a reasonable continuance. Your options depend on what the new count changes.
A jury can sometimes convict you of less than the charged felony. Michigan allows a verdict of not guilty of the charged degree and guilty of an inferior degree or an attempt. The Michigan Supreme Court limits that to necessarily included lesser offenses, meaning every element of the lesser offense is also an element of the charged one, and only when a rational view of the evidence supports the instruction. Related offenses with different elements do not qualify. Whether to ask for a lesser instruction is a strategy decision that weighs a middle option for the jury against an all-or-nothing verdict.
A felony conviction carries consequences beyond the sentence. A charge alone triggers neither the voting rule nor the jury rule. You cannot vote while confined under a jail or prison sentence, but the voting statute does not mention probation, parole or release. Jury service is different: a person convicted of a felony does not meet the juror qualifications, and the statute has no waiting period or restoration clause. Gun rights, licensing, employment and public office each depend on their own statute, so if you are weighing a plea I look at which consequences attach to the exact offense and sentence on the table.
None of this predicts how a case will end, and I do not promise outcomes. I give you the strengths and weaknesses of your case straight, and then we decide together how to proceed.
Common questions about felony charges in Michigan
What makes a crime a felony in Michigan, and can something labeled a misdemeanor still count as one?
A felony in Michigan is a state-law crime punishable by more than 1 year in prison, or one the law expressly calls a felony (MCL 761.1(f)). A misdemeanor is any other violation of a state penal law (MCL 761.1(n)). The label in the penal statute does not always control: the Michigan Supreme Court held that a Penal Code misdemeanor carrying up to two years counts as a felony under the habitual-offender, probation, and consecutive-sentencing provisions of the Code of Criminal Procedure.
Can the prosecutor add charges or change the charge after my case is bound over to circuit court?
Often, yes. The court may let the prosecutor amend the information before, during, or after trial unless the amendment would unfairly surprise or prejudice you (MCR 6.112(H)). MCL 767.76 also allows amendments for defects and variances, and if the substance changes you may move for a discharge of the jury and a reasonable continuance. The Court of Appeals has upheld adding a new offense under the court rule on the first day of trial.
Can a jury convict me of a lesser offense than the felony I am charged with in Michigan?
Sometimes. MCL 768.32(1) lets the jury find you not guilty of the charged degree and guilty of an inferior degree or an attempt. The Michigan Supreme Court limits this to necessarily included lesser offenses, meaning every element of the lesser offense is also an element of the charged one, and only when a rational view of the evidence supports the instruction. Related offenses with different elements (cognate offenses) do not qualify.
Do I lose the right to vote or serve on a jury if I am convicted of a felony in Michigan?
You cannot vote while confined under a jail or prison sentence, but the voting statute does not mention probation, parole, or release (MCL 168.758b). Jury service is different: MCL 600.1307a(1)(e) requires that a juror not have been convicted of a felony, and that statute has no waiting period or restoration clause. A charge alone triggers neither rule.
Related Michigan pages
- Grand Rapids misdemeanor lawyer
- What happens after an arrest in Kent County
- Grand Rapids criminal defense lawyer
- Grand Rapids OWI lawyer
- Michigan legal FAQs
- Michigan appeals lawyer
- Civil litigation
- Business litigation
Short answers with the statute or court rule behind each one are in the Michigan FAQs on the felony case process (4 answers).
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Charged with a felony in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.