By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 25, 2022
A Michigan larceny is a theft offense involving taking someone else’s property without permission. A larceny can be charged as a felony or misdemeanor, depending on the value of the items involved and other critical factors. Those convicted of larceny may face fines, restitution, probation, or jail time, among other penalties.
Michigan punishes personal property crimes through its laws prohibiting embezzlement, fraud, retail fraud, and receiving an concealing stolen property. Embezzlement refers to the theft or misappropriation of funds by someone entrusted with them, such as an employee who steals from their employer. Fraud, like Michigan’s false pretenses, typically involves deceiving another person so that you can obtain money or other benefits illegally. Retail fraud is commonly charged when someone attempts to steal something from a store without paying for it. Receiving and concealing stolen property occurs “when a person buys, receives, possesses, conceals, or aids in the concealment of property that is embezzled, stolen, or converted.”
As discussed, a Michigan larceny can fall under the category of a misdemeanor if the value of the stolen property does not exceed $1000. If the property was valued at more than $1000, you could face a felony charge for larceny in Michigan. The breakdown is as follows:
- If the property stolen has a value of less than $200.00, it is a misdemeanor punishable by up to 93 days in jail and/or a fine of up to $500.00 or 3 times the value of the property stolen, whichever is greater.
- If the property stolen has a value of $200.00 or more but less than $1,000, it is a misdemeanor punishable by up to 1 year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property stolen, whichever is greater.
- If the property stolen has a value of $1,000.00 or more but less than $20,000.00, it is a felony, punishable by imprisonment for not more than 5 years and/or a fine of $10,000.00 or 3 times the value of the property stolen, whichever is greater.
- If the property stolen has a value of $20,000.00 or more, it is a felony, punishable by imprisonment for not more than 10 years and/or a fine of $15,000.00 or 3 times the value of the property stolen, whichever is greater.
Types of Michigan larceny charges
Larceny is a crime that refers to taking another person’s property without their consent. There are various types of larceny crimes, including larceny from a building, larceny from a person, larceny from an automobile, and larceny of a motor vehicle, among others. Let’s take a closer look at each type of crime in more detail below.
- LARCENY FROM A BUILDING
Larceny from a building is considered a property crime in Michigan, defined as the unlawful taking of items from another person’s residence or business. Michigan larceny from a building is charged as a felony and is punishable by up to 4 years in prison. MCL 750.360.
Elements of larceny from a building.
Whether the larceny occurred in a building will be the determining factor between a misdemeanor or felony charge. Unlike an “ordinary” larceny, the item’s value does not matter. According to Michigan law, you could be guilty of larceny from a building if you took a beer from someone’s home without permission.
The prosecutor must prove the following elements beyond a reasonable doubt:
- Taking of someone else’s property
- The victim did not consent to the taking
- The property stolen was located in a building.
- The property was moved from its original resting place. A critical point is that the law does not provide an exception for a defendant if the property did not leave the building so long as it was moved and/or concealed from the owner
- The property had value
- The defendant intended to permanently take the property from the owner
A “building” for purposes of Michigan larceny from a building, would include a home, cabin, school, boat, locker room, etc. Essentially, “building” includes any place open to the public.
If you are facing charges for larceny from a building in Michigan, it is important to understand your legal rights and options and to seek experienced legal representation.
The first step in fighting a larceny from a building charge is to review all the evidence against you carefully. Your attorney will review police reports and witness statements to determine whether there are any inconsistencies or weaknesses in the evidence. If the case is factually weak for the prosecutor, your attorney may suggest a trial.
In other instances, it may be possible to negotiate a plea bargain with the prosecutor that involves a lesser charge or reduced penalties. However, if you believe you can successfully fight the charges against you, your attorney may advise you to take your case to trial. Your attorney will work diligently to build a strong defense and advocate for a favorable outcome in your case.
If you are facing larceny from a building charges in Michigan, it is important to seek experienced legal representation as soon as possible. A criminal defense attorney can help protect your rights and guide you through the system so that you can achieve the best outcome.
2. LARCENY FROM A PERSON
Another type of larceny is larceny from a person, which refers to stealing something directly from another person’s body or clothing. This can include pickpocketing, purse snatching, or even grabbing someone’s phone as they walk by.
Michigan has some of the harshest criminal laws for larceny from a person. This means that any property theft or money from another individual can incur serious penalties, including up to ten years in prison and hefty fines. To better understand what this crime entails, let’s look at some aspects of Michigan larceny from a person and how you can defend against these charges if they are brought against you.
Elements of Michigan larceny from a person. MCL 750.357
The elements of larceny from a person are:
- taking of someone else’s property without consent
- movement of the property
- with the intent to steal or permanently deprive the owner of the property, and
- the property was taken from the person or from the person’s immediate area of control or immediate presence.
Larceny from a person does not involve an element of the use of force or violence. If they were involved, the larceny from a person could be charged as a robbery.
Defenses to larceny from a person.
If you have been charged with larceny from a person, it is important to understand the defenses that may help you avoid conviction. Some of the most common defenses include:
Lack of intent – Larceny from a person requires proof that you intended to commit theft by using force or intimidation against another person. If there is evidence that you did not intend to steal, this can be used as a defense to refute the charge against you. For example, if you did not know that the object was attached to someone else’s property and accidentally grabbed it without realizing what it was, this could be used as a defense to your charge.
Abandonment – Abandonment refers to the act of a person willfully giving up or deserting his or her property rights.
The victim was not present when the theft occurred. – In order for any theft-related crime to be charged, the property must have been taken from another person’s possession or control. If your alleged victim was not present at the time that you took their property, then they cannot claim that they had possession or control over what you took and, therefore, cannot accuse you of larceny from a person.
You had permission to take the property. – Sometimes, people who are in relationships with one another may misunderstand where the boundaries between their personal property and shared property lie, which can result in an accusation of larceny from a person if you inadvertently cross those boundaries without permission. However, if you can prove that you had permission from the victim at the time of taking their property, then this will prevent a conviction for this offense.
You didn’t intend to permanently deprive them of the property. – In order for larceny from a person to be charged against you, it must be shown that your intent was to keep possession of the stolen items permanently rather than temporarily. If you can show that your intent was to take the property for a short period only, or intending to return it later, then you may challenge this charge successfully.
3. LARCENY FROM AN AUTOMOBILE, MCL 750.356a
Larceny from an automobile is like other types of larceny because it involves taking another person’s property without their consent. However, this crime specifically refers to stealing items from inside or outside a vehicle. Some common examples of larceny from an automobile include breaking into someone’s car and taking their GPS or purse left on the front seat, or stealing things like speakers or other equipment left outside a car in a parking lot.
Elements of Larceny from a motor vehicle, MCL 750.356a
The law regarding larceny from a motor vehicle is complex. The potential penalties for this type of crime can be very strict in Michigan, and they can include both jail, prison, and fines.
The first step in understanding the penalties for larceny from a motor vehicle is to understand what will be considered a felony or misdemeanor. Typically, if the value of the property stolen is under $200, then it will likely be regarded as a misdemeanor offense. However, if the value of the stolen property is more than $1,000 or damage is done to the vehicle during the break-in, it will likely be considered a felony offense. In general, most larceny from motor vehicle offenses are felonies that carry with them up to 5 years in prison and fines of up to $10,000.
There are other factors that can impact the potential penalties for larceny from a motor vehicle. First, we will look at the elements the prosecutor must prove beyond a reasonable doubt.
(1) The defendant took a wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer or electronic device or that the defendant enters or breaks into the vehicle to steal or unlawfully remove other property.
(2) That the property was taken without consent
(3) When it was taken, the property was in or on a motor vehicle, house trailer, trailer or semitrailer
(4) That there was some movement of the property. It does not matter whether the defendant actually kept the property.
(5) That at the time the property was taken, the defendant intended to permanently deprive the owner of the property.
MCL 750.356a
Here is where complexity sets in. If the items stolen from inside or on any vehicle were a wheel, tire, airbag, catalytic converter, radio, stereo, clock, telephone, computer, or another electronic device, the charge would be a felony punishable by up to five years in prison and a fine up to $10,000.00. MCL 750.356a(1).
If any other items were stolen from a vehicle, the penalties are as follows:
If the amount of the property taken was less than $200.00, then the individual is guilty of a misdemeanor conviction punishable by a fine up to $500.00 (or 3x the amount of the destruction or injury, whichever is greater) and/or up to 93 days in jail, or both. MCL 750.356a(2)(a).
If the amount of the property taken is $200.00 or more but less than $1,000.00 OR the individual commits the crime of larceny from a vehicle under $200.00 and the individual has a prior conviction for committing or attempting to commit larceny from a vehicle, THEN the individual is guilty of a misdemeanor conviction punishable by a fine up to $2,000.00 (or 3x the amount of the destruction or injury, whichever is greater) and/or up to 1 year in jail, or both. MCL 750.356a(2)(b).
If the amount of the property taken is $1,000.00 or more but less than $20,000.00 OR the individual commits the crime of larceny from a vehicle between $200.00 and less than $1,000.00 and has one or more prior convictions for committing or attempting to commit larceny from a vehicle, then the individual is guilty of a felony conviction punishable by a fine up to $10,000.00 (or 3x the amount of the destruction or injury, whichever is greater) and/or up to 5 years in prison, or both. MCL 750.356a(2)(c).
If the amount of the property taken is $20,000.00 or more OR the individual commits the crime of larceny in a building between $1,000.00 and less than $20,000.00 and has two or more prior convictions for committing or attempting to commit larceny from a vehicle, then the individual is guilty of a felony conviction punishable by a fine up to $15,000.00 (or 3x the amount of the destruction or injury, whichever is greater) and/or up to 10 years in prison, or both. MCL 750.356a(2)(d).
“The values of property stolen or unlawfully removed in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of property stolen or unlawfully removed.” MCL 750.356a(4).
MCL 750.356a
A lawyer can help with a Michigan larceny charge.
There are many reasons an attorney can help with a Michigan larceny charge, including their knowledge of the legal system and criminal justice process, their ability to represent you in court, and their experience in defending clients facing similar charges. If you have been charged with larceny, it is important to hire an experienced Michigan attorney who can help guide you through the legal process and protect your rights.
One of the key aspects of any criminal case is understanding the laws that apply to your situation. An experienced attorney will be well-versed in all the applicable laws related to larceny charges in Michigan and will advise you on how these laws may impact your case. This can include advising you on whether a particular act constitutes larceny, which penalties you may face if convicted, and any defenses that may be available to you.
An experienced attorney will represent you in court and advocate on your behalf throughout the legal process. This can include making sure that your rights are protected throughout all interactions with law enforcement, negotiating with prosecutors on your behalf for a favorable plea deal or reduced charges, and representing you during trial if necessary. Having an experienced attorney on your side can help ensure that the outcome of your case is the best possible result, given the circumstances of your situation.
If you have been charged with a Michigan larceny, it is important to seek the assistance of an experienced criminal defense attorney as soon as possible. An attorney can help guide you through the legal process and work to protect your rights and achieve the most favorable outcome for your case. To learn more about how an attorney can help with a Michigan larceny charge, contact a local criminal defense lawyer today.
Contact Czarnecki & Taylor
Criminal cases can be very complex and difficult to manage, but at Czarnecki & Taylor, we have the experience and expertise to handle even the most challenging cases successfully. We understand that each case is unique and requires a tailored approach based on the specific circumstances. Our team of skilled lawyers has the knowledge and skills necessary to navigate through all the legal challenges involved in criminal cases, from investigating the charges, gathering evidence, negotiating plea agreements, preparing for trial, representing clients in court proceedings, and advocating for their rights throughout every stage of the process.
Whether you are facing misdemeanor or felony charges, our lawyers will work closely with you to fully understand your situation and help you make informed decisions about your case. We have an outstanding track record of success in dealing with all types of criminal charges or situations.
We know how stressful it can be to deal with a criminal case, and we will be there every step of the way to support you and ensure that your rights are protected.
If you are facing criminal charges, contact our law office today to learn more about how we can help. We look forward to working with you.
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