Larceny - Taking Property of Another
The crime
of larceny can loosely be defined as the taking of something from another. The
State of Michigan makes this particular area of law somewhat complex. This is
not because the law itself is confusing, but rather there are numerous
variations of punishment based upon the circumstances of the individual case.
First and
foremost, MCL 750.356 states that “[a] person who commits larceny by stealing any of the following
[pieces of] property of another person is guilty of a crime,” which includes:
(a)
Money, goods, or chattels.
(b) A bank note, bank bill,
bond, promissory note, due bill, bill of exchange or other bill, draft, order,
or certificate.
(c) A book of accounts for or
concerning money or goods due, to become due, or to be delivered.
(d) A deed or writing
containing a conveyance of land or other valuable contract in force.
(e) A
receipt, release, or defeasance.
(f) A
writ, process, or public record.
(g)
Nonferrous metal.
Once the
property falls within one of the above categories, an individual charged with
larceny will face, if convicted, MCL 750.356 brings about one of the following punishments:
1.
[A]
person is guilty of a felony punishable by imprisonment for not more than 10
years or a fine of not more than $15,000.00 or 3 times the value of the
property stolen, whichever is greater, or both imprisonment and a fine . . .
[if t]he property stolen has a value of $20,000.00 or more.
2.
[A]
person is guilty of a felony punishable by imprisonment for not more than 5
years or a fine of not more than $10,000.00 or 3 times the value of the
property stolen, whichever is greater, or both imprisonment and a fine . . .
[if t]he property stolen has a value of $1,000.00 or more but less than
$20,000.00.
3.
[A] person
is guilty of a misdemeanor punishable by imprisonment for not more than 1 year
or a fine of not more than $2,000.00 or 3 times the value of the property
stolen, whichever is greater, or both imprisonment and a fine . . . [if t]he
property stolen has a value of $200.00 or more but less than $1,000.00.
4. If the property stolen has a value of
less than $200.00, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than $500.00 or 3
times the value of the property stolen, whichever is greater, or both
imprisonment and a fine.
Moreover, if an individual is
convicted of a subsequent larceny charge than he or she will face an even
hasher punishment than noted above. This is common in Michigan. The more crimes
you commit the higher the sentencing exposure.
Learn the law, maintain your rights, and lawyer-up. Whose got your back?
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