Michigan Criminal Defense Laws
Michigan uses an indeterminate sentencing system for felonies, where the judge sets a minimum sentence within advisory guidelines and the maximum is set by statute. Michigan has enacted significant criminal justice reforms including the Clean Slate legislation (2020) expanding expungement eligibility with automatic set-aside for certain offenses, and the Holmes Youthful Trainee Act (HYTA) expanded to include offenders up to age 26.
Last verified: 2026-02-25
Statute of Limitations
Murder and certain sex crimes have no statute of limitations. Most felonies must be charged within 6 years. Most misdemeanors within 6 years. Some minor misdemeanors within shorter periods.
Key Michigan Statutes
Michigan's sentencing guidelines calculate a recommended minimum sentence range based on Prior Record Variables (PRV) and Offense Variables (OV). The guidelines are advisory — judges may depart but must justify. The judge sets a minimum; the maximum is generally fixed by statute.
Eligible for offenders ages 18–25 (expanded from 24 in 2021). Ages 18–20: court may assign HYTA without prosecutorial consent. Ages 21–25: requires prosecutor consent. Excludes life offenses and certain sex crimes. Upon successful completion, no conviction is entered on the public record.
Effective April 11, 2023: eligible felonies are automatically set aside 10 years after sentencing/imprisonment. Misdemeanors automatically set aside after 7 years. Limits: no more than 2 felonies and 4 serious misdemeanors automatically. Application-based set-aside also expanded to up to 3 felonies and unlimited misdemeanors.
Second felony: up to 1.5x statutory maximum. Third felony: up to 2x. Fourth felony: up to life for certain offenses.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Michigan.
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