Criminal penalties in Michigan
Checked in October 2026 against the Michigan Compiled Laws, complete through PA 103 of 2026.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Michigan sets penalties
- Michigan does not sort offences into named classes. Each offence states its own maximum ('imprisonment for not more than 15 years or a fine of not more than $7,500, or both'). Most serious offences state 'life or any term of years', which lets the court choose any term up to life.
- Michigan courts also apply sentencing guidelines that set a recommended minimum, and the court sets a minimum within the legal maximum. The guidelines were not read for this table.
- Murder has two degrees. First-degree murder (premeditated, or committed in the course of listed felonies) carries life without parole (§ 750.316). Second-degree murder is every other murder, with life or any term of years (§ 750.317).
- First-degree murder is life without parole, subject to special sentencing rules for people under 18 at the time of the offence (MCL 769.25 and 769.25a), which were not read.
- Michigan has a statute on embezzlement (§ 750.174), graded by the value taken. Its drunk driving offence is operating while intoxicated (OWI) in the Michigan Vehicle Code.
- This table shows first-offence ranges.
Death penalty: No. The most serious punishment in the sections read is imprisonment for life without eligibility for parole, set for first-degree murder (Mich. Comp. Laws § 750.316).
First-degree murder
Life imprisonment without eligibility for parole
First-degree murder (Felony)
- Least
- Life imprisonment without eligibility for parole
- Most
- Life imprisonment without eligibility for parole
First-degree murder covers premeditated murder, and murder committed in perpetrating or attempting arson, criminal sexual conduct, child abuse in the first degree, robbery, carjacking, home invasion, larceny, extortion, kidnapping and other listed offences. Special rules apply to offenders under 18 (MCL 769.25 and 769.25a).
Second-degree murder
Life, or any term of years
Second-degree murder (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
The court may impose life, or any term of years.
Voluntary manslaughter
Up to 15 years, or a fine of up to $7,500, or both
Manslaughter (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $7,500, or both
Robbery
Up to 15 years (unarmed robbery); life or any term of years (armed robbery)
Unarmed robbery (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
Armed robbery (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
The court may impose life or any term of years. If the offence results in an aggravated assault or serious injury to another person, the minimum term must be at least 2 years.
Burglary
Up to 5 years (third degree) up to 20 years (first degree)
Home invasion in the third degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- Up to $2,000, or both
Home invasion in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $3,000, or both
Home invasion in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $5,000, or both
Michigan calls the offence home invasion (breaking and entering a dwelling, or entering without permission, with intent to commit a felony, larceny or assault).
Arson
Up to 10 years (third degree); up to 20 years (second degree); life or any term of years (first degree)
Third-degree arson (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Up to $20,000, or 3 times the value of the property damaged or destroyed, or both
Second-degree arson (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $20,000, or 3 times the value of the property damaged or destroyed, or both
First-degree arson (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Up to $20,000, or 3 times the value of the property damaged or destroyed, or both
The court may impose life or any term of years.
Aggravated assault
Up to 4 years (felonious assault); up to 10 years (assault with intent to do great bodily harm)
Felonious assault: assault with a dangerous weapon without intent to commit murder or inflict great bodily harm (Felony)
- Least
- No minimum term set by the statute
- Most
- 4 years
- Fine
- Up to $2,000, or both
Assault with intent to commit murder or to inflict great bodily harm less than murder (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Up to $5,000, or both
Rape and sexual assault
Life or any term of years (criminal sexual conduct in the first degree)
Criminal sexual conduct in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Life or any term of years. The minimum is 25 years where an individual 17 or older commits it against a child under 13.
Criminal sexual conduct in the first degree (§ 750.520b) covers sexual penetration in listed circumstances, such as a victim under 13, force or coercion, or personal injury. Where an adult aged 17 or older commits it against a child under 13, the sentence is life or any term of years but not less than 25 years, and life without the possibility of parole applies to some repeat offenders aged 18 or older.
Kidnapping
Life or any term of years, or a fine of up to $50,000
Kidnapping (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Up to $50,000, or both
The court may impose life or any term of years.
Embezzlement
Up to 93 days (under $200) up to 20 years ($100,000 or more)
Embezzlement of less than $200 (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 93 days
- Fine
- Up to $500, or 3 times the value embezzled if greater
Embezzlement of $200 to under $1,000 (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- Up to $2,000, or 3 times the value embezzled if greater
Embezzlement of $1,000 to under $20,000 (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- Up to $10,000, or 3 times the value if greater
Embezzlement of $20,000 to under $50,000 (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Up to $15,000, or 3 times the value if greater
Embezzlement of $50,000 to under $100,000 (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Up to $25,000, or 3 times the value if greater
Embezzlement of $100,000 or more (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- Up to $50,000, or 3 times the value if greater
Michigan grades embezzlement by the value of the money or property embezzled. Under $200: a misdemeanor, up to 93 days. $200 to under $1,000: a misdemeanor, up to 1 year. $1,000 to under $20,000: a felony, up to 5 years. $20,000 to under $50,000: up to 10 years. $50,000 to under $100,000: up to 15 years. $100,000 or more: up to 20 years.
Forgery
Up to 14 years
Forgery of a record or instrument (Felony)
- Least
- No minimum term set by the statute
- Most
- 14 years
Drunk driving, first offence
A misdemeanor: up to 93 days in jail, community service of up to 360 hours, and a fine of $100 to $500
Operating while intoxicated, first conviction (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 93 days
- Fine
- $100 to $500
The sentence may be one or more of community service for up to 360 hours, up to 93 days' imprisonment and the fine. The court has these options, and none of them is a required minimum.
Operating while intoxicated (OWI) under the Michigan Vehicle Code. These are the penalties for a first conviction. A violation within 7 years of a prior conviction carries a fine of $200 to $1,000 and either 5 days to 1 year in jail or 30 to 90 days of community service. Driving with a high blood alcohol level carries up to 180 days and a fine of $200 to $700.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Massachusetts, Missouri, Nebraska.
