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 Attorney - RETAIL FRAUD Breakdown - Josh Jones - All MISDEMEANORS & FELONIES

Retail Fraud - In A Nut-Shell

The State of Michigan statutorily divides up tits heft crimes into multiple categories, which includes the category of retail fraud. Michigan goes even further and divides retail fraud into separate classes or degrees. Each degree is based upon the amount of money the property taken is worth and has corresponding punishments for each.

Retail fraud in the first degree is limited to instances where the value of the property exceeds $1,000.00 and is punishable as a felony. An individual can face up to 5-years in jail and/or a fine of $10,000.00 or 3 times the amount of the value of the property taken, whichever is greater. Moreover, the prosecutor is allowed to use and aggregate multiple incidents, of retail fraud, over a 12-month period to determine the property value amount under this statute.

The other two degrees of retail fraud are both misdemeanors, and thus the maximum amount of time will be 1-year (if convicted for second degree retail fraud) and 93-days for an individual convicted of retail fraud in the third degree. Moreover, the value of property cannot exceed $1,000.00 for a second degree charge and property less than $200.00 will attach a third degree charge.

To note, the statute does allow for statutory increases in punishment for those individuals who have been convicted of the crime on a prior conviction. This applies to all degrees of retail fraud and is enumerated in the statute.

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.