A Michigan statute allows for a certain crime to carry a possible punishment of 5 years in prison. Alleged criminal Smith has been charged with this crime but the prosecutor has agreed to limit the requested punishment to 10 months incarceration, if convicted. Under these somewhat unusual facts:
The crime is a misdemeanor
The crime is a felony
The crime is a petty offense
The crime is a misdemeanor BUT becomes a felony if the prosecutor were to change her mind about the intended requested sentence.