Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.8 (2026)

Misdemeanor; definition.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.8 Misdemeanor; definition.

Sec. 8.

    Misdemeanor—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 omission shall be deemed a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.8

FormerLaw Notes:

    See section 11 of Ch. XXXV of Act 314 of 1915, being CL 1915, § 13403; CL 1929, § 15150.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1967–2026 · leading case: People v. Smith, 378 N.W.2d 384 (Mich. 1985).
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People v. Smith, 378 N.W.2d 384 (Mich. 1985). · cites it 2× “A "misdemeanor" is an act or omission that is not a felony, which is punishable by fine, penalty, forfeiture, or imprisonment, MCL 750.8; MSA 28.198, or an act prohibited by a statute which imposes no penalty for the violation, MCL 750.”
People v. Tennyson, 790 N.W.2d 354 (Mich. 2010). “7; MCL 750.8. 10 Indeed, here defendant was sentenced to 45 days’ jail time served as a result of this conviction.”
People of Michigan v. Tarone Devon Washington, 916 N.W.2d 477 (Mich. 2018). “Misdemeanors, on the other hand, are defined in the Penal Code as any nonfelonious offenses, MCL 750.8 ("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…”
People v. McMillan, 242 N.W.2d 518 (Mich. Ct. App. 1976). · cites it 2× “A misdemeanor is described as follows: "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 omission shall…”
People v. Mallory, 147 N.W.2d 66 (Mich. 1967). · cites it 2× “" CL 1948, § 750.8 (Stat Ann 1962 Rev § 28.198). The only distinction between felonies and misdemeanors, insofar as these definitions are concerned, appears to be whether imprisonment is to be in State prison or the county jail.”
People v. Gaines, 341 N.W.2d 519 (Mich. Ct. App. 1983). · cites it 2× “Fourth-degree criminal sexual conduct also falls within the definition of "misdemeanor" stated in MCL 750.8; MSA 28.198. In People v Chamblis, 395 Mich 408, 429 ; 236 NW2d 473 (1975), the Court held: "We are establishing a rule today, as a matter of policy, limiting the extent…”
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.”
City of Muskegon v. Cnty. of Muskegon, 233 N.W.2d 849 (Mich. Ct. App. 1975). “’ " 'MCLA 750.8 Misdemeanor " 'Sec. 8. Misdemeanor — 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…”
Sanford N Lakin v. Barbara Rund (Mich. Ct. App. 2016). “Similarly, under the Code of Criminal Procedure, “felony” is “a violation of a penal law of this state for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.”
People of Michigan v. Tarone Devon Washington (Mich. Ct. App. 2017). “” MCL 750.8 (emphasis added). The offense of keeping or maintaining a drug house is punishable by imprisonment for not more than 2 years, MCL 333.”
People of Michigan v. Tarone Devon Washington (Mich. Ct. App. 2017). “” MCL 750.8; MCL 750.9. Felonies and misdemeanors are defined differently in the Michigan Code of Criminal Procedure, MCL 760.”
People of Michigan v. Tarone Devon Washington (Mich. Ct. App. 2017). “” MCL 750.8 (emphasis added). The offense of keeping or maintaining a drug house is punishable by imprisonment for not more than 2 years, MCL 333.”
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