Larceny - Property Of Another Outlined - Michigan Criminal Defense Lawyer, Josh Jones

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? 

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON. 

Michigan Criminal Defense Attorney - Explaining Indecent Exposure - Josh Jones - July 18, 2013

Incident Exposure - Showing A Little Too Much

The sun is out, the booze is flowing, and the music is blasting. During these times, people tend to start taking off clothes, sometimes. At a certain point, these acts become a crime. This crime is usually found to be indecent exposure. Michigan law explains, “[a] person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.” MCL § 750.335a.

The key word in that statement is “knowingly.” Meaning that the individual must perform the act with some kind of intent. However, as noted, the act does not have to be performed to his or her own person, but can include the act of another.

For example, if “Jason” runs up behind a girl and takes her bathing suit off, which inevitably reveals some part of her “private region(s),” then “Jason” could be found guilty of indecent exposure. A conviction would be placed a misdemeanor on “Jason’s” criminal record, if convicted, and he would face up to 1 year in jail and/or a $1,000.00 fine.

Moreover, if there is intentional fondling of the person’s private area this can and will increase the possible punishment, if the individual is convicted. The statute does not use the term private areas, but instead says no fondling of the genitals, buttock, pubic area, or breasts (if a female is involved).

So in the end, I suppose it is best to keep your clothes on while in public or in eye of the public. This type of crime can occur almost anywhere, even in your own back yard. So, before you decide to strip down, either by yourself or with someone, you make want to think about the consequences.

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON. 

Advice Of Rights - Pleading Guilty - Michigan Criminal Lawyer - Josh Jones - Specializing In All Felonies & Misdemeanors

Pleading Guilty – What Is It?

If you plead guilty or no contest, you give up your right to claim that it was not your choice to plead and/or that there were any promises, threats, or inducements to plead other than what is stated on the record in open court.

If you plead guilty or no contest to a controlled substance offense, to certain alcohol-related offenses, to certain traffic-related offenses, or for failing to pay child support, your driver’s license may be suspended or revoked.

If you plead guilty or no contest to certain criminal offenses, there may be a resulting loss or restriction of a professional license; of the ability to obtain/retain certain licenses, permits, or employment; of eligibility for public/military service and/or benefits; of eligibility for public funds, including welfare benefits and student loans/grants/tax credits; of eligibility for public housing; of the right to vote; and of eligibility for jury duty.

Federal and/or state law may prohibit you from possessing or purchasing ammunition or a firearm (including a rifle, pistol, or revolver) if you are convicted of a felony or if you are convicted of a crime of violence and you are a current or former spouse, parent, or guardian of the victim; you share a child in common with the victim; you are or were cohabiting with the victim as a spouse, parent, or guardian; or you are or were involved with the victim in another similar relationship.

It is always possible that there may be collateral consequences not included within this advice of rights. You are encouraged to conduct an independent search relating to the possible consequences noted above and for possible additional consequences related to your case and to discuss these with your attorney and, if necessary, with the court before the entry or rejection of any plea.

Specific Criminal Topic & Pleas

Immigration Issues

If you are not a legal citizen of the United States or were born in another country, your plea of guilty or no contest can result in deportation or otherwise affect your ability to remain in the United States. Regardless of whether deportation is applicable in your case, a conviction may affect your ability to enter into another country, including Canada.

Assaultive Crimes

Under MCL 770.9a, a defendant convicted by plea, verdict, or judgment of an assaultive crime shall be detained and shall not be admitted to bail unless the trial court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons. Under MCL 770.9b, a defendant convicted of sexual assault of a minor (under age 16) shall be detained and shall not be admitted to bail.

Firearms & Crimes

Under MCL 750.239, violations of MCL 750.222 et seq. require forfeiture of the firearm or weapon. Michigan law also includes several distinct forfeiture acts relating to specific types of offenses including, but not limited to, controlled substances, firearms, gambling, motor vehicles, public employees, and a generic forfeiture act, MCL 600.4701 et seq.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.