Is Contempt of Court a Felony in Michigan?
Michigan laws regarding contempt of court are complex and nuanced. Understanding the different types and penalties of contempt can help individuals navigate the legal system with confidence. In this article, we will address the question: Is contempt of court a felony in Michigan?
Contents
What is Contempt of Court?
Contempt of court is a legal concept that refers to the disobedience or disrespect shown towards a court or its order. It can take several forms, including:
- Civil Contempt: This type of contempt is used to enforce a civil court order, such as a divorce decree or child custody agreement. A party who fails to comply with the order can be found in contempt and held until they comply.
- Criminal Contempt: This type of contempt is used to punish a person who has committed a criminal offense in the presence of the court, such as interrupting a trial or harassing a witness.
- In Contempt: This is a type of contempt used to punish a person for an act that is seen as an affront to the court, such as failing to appear in court or refusing to answer a question.
Felony Contempt of Court in Michigan
In Michigan, felony contempt of court is a less common and more serious form of contempt. It is considered a felony if:
- The contempt was committed in the presence of the court: If someone commits an act of disrespect or disobedience in the presence of the court, it can be considered felony contempt.
- The contempt was committed to influence a judicial proceeding: If someone commits an act of contempt to influence the outcome of a judicial proceeding, it can be considered a felony.
- The contempt was committed with force or violence: If someone uses force or violence against a court officer, another person, or property while in the presence of the court, it can be considered felony contempt.
Michigan law defines felony contempt as:
- Misdemeanor contempt: is a crime punishable by a fine of not more than $500 or imprisonment in the county jail for not more than 93 days.
- Felony contempt: is a crime punishable by imprisonment in a state prison for not less than 1 year and not more than 20 years.
Sentencing for Felony Contempt of Court in Michigan
If someone is found guilty of felony contempt of court in Michigan, the judge may impose the following penalties:
- Imprisonment: The individual may be sentenced to prison for a period of up to 20 years.
- Fine: The individual may be fined a maximum of $5,000.
- Combination: The individual may be sentenced to both imprisonment and a fine.
Here is a table summarizing the penalties for felony contempt of court in Michigan:
| Penalty | Maximum Jail Time | Maximum Fine |
|---|---|---|
| Imprisonment | 20 years | – |
| Fine | – | $5,000 |
| Combination | 20 years | $5,000 |
What Are the Consequences of Being Found in Contempt of Court in Michigan?**
Being found in contempt of court in Michigan can have serious consequences, including:
* **Imprisonment:** As outlined above, the individual may be sentenced to prison.
* **Fine:** The individual may be fined.
* **Loss of Right to Vote:** In some cases, a person may lose their right to vote while they are in jail or on probation.
* **Loss of Professional Licensure:** In some cases, a person’s professional licensure may be suspended or revoked.
* **Impact on Future Legal Matters:** A finding of contempt of court can impact future legal matters, including civil suits and criminal proceedings.
Conclusion**
In conclusion, contempt of court is a serious legal concept that can have serious consequences. In Michigan, felony contempt of court is a less common but more serious form of contempt that can result in imprisonment and fines. Understanding the different types and penalties of contempt can help individuals navigate the legal system with confidence. If you are facing contempt of court charges, it is essential to seek legal advice from an experienced attorney.
