Michigan Compiled Laws

Mich. Comp. Laws § 750.7 (2026)

Felony; definition.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.7 Felony; definition.

Sec. 7.

    Felony—The term "felony" when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.7

Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1958–2025 · leading case: People v. Smith, 378 N.W.2d 384 (Mich. 1985).
People v. Smith, 378 N.W.2d 384 (Mich. 1985). · cites it 4× “" MCL 750.7; MSA 28.197. A "misdemeanor" is an act or omission that is not a felony, which is punishable by fine, penalty, forfeiture, or imprisonment, MCL 750.”
People of Michigan v. Tarone Devon Washington, 916 N.W.2d 477 (Mich. 2018). · cites it 4× “2 ("The rule that a penal statute is to be strictly construed shall not apply to this act or any of the provisions thereof.”
People v. Tennyson, 790 N.W.2d 354 (Mich. 2010). · cites it 2× “I further note, in response to the majority’s fears, that the low thresholds established by MCL 750.145 are arguably consistent with the nature of the crime.”
People v. Bernard Smith, 266 N.W.2d 40 (Mich. Ct. App. 1978). · cites it 4× “However, under MCLA 750.7; MSA 28.197, attempted larceny in a building is a felony as it is punishable by imprisonment in a state prison.”
People v. Reuther, 309 N.W.2d 256 (Mich. Ct. App. 1981). · cites it 4× “*354 Under the general definitional provisions of both the current Penal Code and the Code of Criminal Procedure, the offense for which defendant was convicted would be classified as a felony.”
People v. Spann, 655 N.W.2d 251 (Mich. Ct. App. 2002). “For example, a felony is a crime punishable by death or imprisonment in the state prison, MCL 750.7 and MCL 750.503, and a misdemeanor is a crime that may be punishable by imprisonment.”
People v. McMillan, 242 N.W.2d 518 (Mich. Ct. App. 1976). · cites it 2× “843(g), defines a felony as "an offense for which the offender, upon conviction, may be punished by death or imprisonment * * * for more than 1 year or an offense expressly designated by law to be a felony".”
People v. Mallory, 147 N.W.2d 66 (Mich. 1967). · cites it 2× “" CL 1948, § 750.7 (Stat Ann 1962 Rev § 28.197). "When any act or omission, not a felony, is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment, in the discretion of the court, such act or…”
Jones v. State, 23 A.3d 880 (Md. 2011). “274, § 1 (LexisNexis 2010); Mich. Comp. Laws Ann. § 750.7 (West 2004); Miss.”
People v. Williams, 620 N.W.2d 906 (Mich. Ct. App. 2001). “The Penal Code defines a “felony” as an “offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison,” MCL 750.7; MSA 28.197, and defines a “misdemeanor” as an act or omission that is not a felony, which is punishable by fine,…”
People v. Shotwell, 88 N.W.2d 313 (Mich. 1958). “” CL 1948, § 750.7 [Stat Ann § 28.197]), and further since it follows that only “convicted felons” may escape from prison that, (1) every escapee by the act- of escaping thereby clearly and in all circumstances commits a second felony and, (2) the legislature must be deemed to…”
People v. Hughes, 550 N.W.2d 871 (Mich. Ct. App. 1996). “MCL 750.7; MSA 28.197 provides: *246 The term “felony” when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.”
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