October 29, 2025

A Little History on Misdemeanors

In the mid-1980s, the Legislative Branch of our state government decided that a 90-day misdemeanor would be replaced by a 93-day misdemeanor because of the number of days in consecutive months. There were too many criminal misdemeanors to locate (as well as some “blue laws” that were never taken out of the statute books or repealed) so they determined that all new misdemeanors or existing ones that were being updated would be 93-day and all of the older 90-day minor offenses would just remain on the books. Therefore, at that time there were then five types of Michigan misdemeanors (not counting attempted misdemeanors), to wit: the 90-day, the 93-day, the 6-month, the one year and the ‘high court’ two year (where one cannot go to a prison term).

It should be noted that city, village and township administrations that passed ordinances to the same effect as the state statutes regarding a criminal matter most often simply ‘cut and paste’ the exact verbiage of the statute as part of their own ordinance. Why ordinance rather than state statute… because the smaller municipality could keep the larger portion of fines and costs imposed to pay, in part, for their local police departments that conducted the arrest.

However, beginning with the 2012 update on the 1965 setting aside legislation, the matter of the 90-day vs. 93-day came into legislative focus and they came up with the concept of regular vs ‘serious’ misdemeanors. “Clean Slate Act” continued this by cutting and pasting the House and Senate Bills with the old maximum jail penalty formula of ‘regular vs ‘serious’ misdemeanors’ from the prior legislative update.