What Is a Class B Felony in Michigan?
Michigan law divides felonies into eight categories. Class A felonies are the most serious while Class H felonies are the least serious. Class B felonies include:
- Arson of a dwelling
- Home invasion – 1st degree
- Embezzlement – valued at $100,000 or more
- Child pornography
- Child abuse – 2nd degree
Maximum and Minimum Sentences
Michigan has an open-ended sentencing system for felonies, with a presumptive maximum penalty only for each felony class. The maximum sentence for a Class B felony is up to 20 years in prison. Judges have the discretion to impose fines as well, when necessary, in addition to a prison term. The state has a number of laws that make it possible for judges to deviate from the presumptive sentencing system.
Extended Sentences
Michigan lawmakers have adopted a points-based sentencing grid as a way to help judges fairly sentence defendants in every case. There are two main components used under this system: the Prior Record Variables and Offense Variables. Points are assessed based on the seriousness and other factors related to the crime itself while the defendant’s prior record is examined to establish a score as well. The two totals then correspond to a sentencing recommendation. Courts do have the discretion to deviate from that sentencing recommendation if any of a variety of aggravating circumstances is available, including gang membership and habitual offender status. For example, a defendant with two or three prior felony convictions can have her or her sentence increased by up to 100 percent. The same is true if it is determined the motive, means or opportunity for the offense was related to gang membership. The circumstance of gang membership becomes a second crime and both the underlying felony and the gang membership sentence must be served consecutively.
Loss of Rights and Benefits
As soon as you are convicted you will lose the following rights in Michigan:
- Vote
- Own or possess a firearm
- File a Civil Rights complaint
- Serve on a grand jury
- Hold jobs in any number of fields, including healthcare and childcare, that require state or federal licenses.
Voting rights are restored automatically after the completion of the sentence, including any parole or probation obligations. Other civil rights are not automatically restored. Firearms rights are lost for 3 years with any felony conviction. However, for a crime of violence or a drug-related crime, the right to own or possess a firearm is lost for 5 years. The only way to restore firearms rights earlier is with a pardon.
Employment and Housing with a Felony Record
A felony conviction, particularly for a sex crime or a crime of violence, will make it extremely difficult to find housing or a job in Michigan. Some employers will hire ex-felons depending on the type of crime involved, others won’t take the chance at all. Experts recommended seeking the help of places of worship and charitable organizations. Also, there are state agencies that have lists of companies participating in re-entry programs and willing to consider felons. In addition, some groups have online resources to help people just released from jail find a job.
Clearing Your Record
Michigan makes it possible for some people with Class B convictions to set aside that conviction. It’s a good idea to consult with a criminal attorney because the process is somewhat complicated and some crimes, including some Class B felonies, are excluded. For example, sex crimes, child abuse, human trafficking and repeat DWI offenders are not eligible. The law requires a waiting period of 5 years from the completion of the sentence. If your request to have your Class B conviction set aside is rejected, it’s also possible to request a pardon from the governor. Generally, it takes compelling circumstances and a clean criminal record to receive a pardon.
For more information, see the Michigan Penal Code and Michigan Sentencing Guidelines Manual.
This article is for informational purposes only. If you need legal advice, you should visit an attorney.