Larceny

Larceny
Lansing Michigan Larceny Defense Lawyer 

 

Under Michigan law there are numerous larceny charges ranging from misdemeanor to felony depending on the value of the property taken, where it was taken, and if the defendant has any prior larceny convictions. In general, larceny is unlawfully taking something from someone else. It is a specific intent crime in that the defendant has to intend to take the property of someone else and intend on never giving it back, or permanently depriving the owner. Penalties include hefty fines, restitution, probation, jail, or even prison. If you have been accused of larceny, you need to be represented by an experienced Michigan criminal defense attorney.

 

Definition of Larceny

 

A person commits larceny by stealing any of the following property of another person:

 

  • money, goods, or chattels
  • bank note, bank bill, promissory note, due bill, bill of exchange, or another bill, draft, order, or certificate
  • book of accounts for or concerning money or goods due, to become due, or to be delivered
  • deed or writing containing a conveyance of land or other valuable contract in force
  • receipt, release, or deference
  • writ, process, or public record
  • non ferrous meal

 

Larceny Charges

 

Larceny Less than $200

 

If the property taken is less than $200, defendant is guilty of a misdemeanor punishable by up to 93 days in jail and/or $500 in fines or three times the value of the property, whichever is greater

 

Larceny $200-1,000

 

If the property taken is valued between $200-1,000 or if defendant has one prior conviction for Larceny less than $200, defendant is guilty of a misdemeanor punishable by up to one year in jail and/or $2,000 in fines or three times the value of the property, whichever is greater

 

Larceny $1,000-20,000

 

If the property taken is valude between $1,000-20,000 or if defendant has one or more prioer convictions for Larceny $200-1,000, defendant is guilty of a felony punishable by up to five years in prison and/or $10,000 in fines or three times the value of the property, whichever is greater.

 

Larceny $20,000 or Greater

 

If the property taken is valued at over $20,000 or if defendant has two or more convictions for Larceny $1,000-20,000, defendant is guilty of a felony punishable by up to 10 years in prison and/or $15,000 in fines or three times the value of the property, whichever is greater.

 

Larceny from a Motor Vehicle

 

If someone steals, unlawfully removes, or takes away any wheel, tire, airbag, catayltic converter, radio, stereo, clock, phone, computer, or other electronic device in any motor vehicle, house, trailer, or semi trailer, they are guilty of a felony punishable by up to five years in prison and/or $10,000 in fines. Also, if the defendant breaks, cuts, tears, or otherwise damages any part of the motor vehicle, defendant is guilty of a felony punishable by up to five years in prison and/or $10,000 in fines.

 

If items are taken from the motor vehicle other than those listed, the degree of the crime depends on the value of the property.

 

If the value of the property taken is less than $200, it is a misdemeanor punishable by up to 93 days in jail and/or $500 in fines or three times the value of the property, whichever is greater.

 

If the value of the property taken is between $200-1,000 or defendant has a prior conviction for Larceny from a Motor Vehicle less than $200, it is a misdemeanor punishable by up to one year in jail and/or $2,000 in fines or three times the value of the property, whichever is greater.

 

If the value of the property taken is between $1,000-20,000  or defendant has one or more prior convictions for Larceny from a Motor Vehicle $200-1,000, it is a felony punishable by up to five years in prison and/or $10,000 in fines or three times the value of the property, whichever is greater.

 

If the value of the property taken is greater than $20,000 or defendant has two or more prior convictions for Larceny from a Motor Vehicle $1,000-20,000, defendant is guilty of a felony punishable by up to 10 years in prison and/or $10,000 in fines or three times the value of the property, whichever is greater.

 

Larceny from a Person

 

This is larceny by stealing directly from the person of another. It is a felony punishable by up to 10 years in prison.

 

Larceny in a Building

 

This is stealing in a dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill, factory, hotel, school, barn, granary, ship, boat, vessel, church, house of worship, locker room, or any other public building. There is no specific value required for the taken property; the property just has to have some value.  It is different from Home Invasion in that the defendant was lawfully permitted or was given consent to be in the building. Also, larceny in a building can take place in any kind of building and not limited to just a dwelling.

 

This is a felony punishable by up to five years in prison.

 

Aggregate the Values

 

If property was taken over the course of a 12-month period as part of a scheme or course of conduct, the value of the property may be aggregaged to determine the entire amount of the property that was stolen.

 

Defenses to Larceny

 

  • No intent to permanently deprive the owner of the property
  • Defendant believed he had consent to take the property
  • Defendant believed the property belonged to him
  • Property was not owned by the victim

 

It is up to the prosecutor to prove that the property in question existed, the value of the property or that it had value, and that it was taken by the defendant. Larceny cases are often very circumstantial. A larceny conviction can be very costly in terms of fines, costs, resitution, and jail or prison. It can also have collateral consequences such as preventing you from ever working in professions where you would be overseeing people’s property or money. Even retailers are hesitant to hire anyone with a conviction for a crime involving theft or dishonesty, even if it is a misdemeanor. You may qualify for a diversion progream which could keep the matter off your public record. An experienced Michigan criminal defense lawyer will be able to explain your options and likely outcomes after thoroughly reviewing your case.

 

If you or someone you know has been charged with a larceny offense, call Austin Legal Services, PLC today at (517) 614-1983 to speak to a Michigan larceny defense lawyer.

 

Defending larceny charges throughout Michigan in the counties of: Ingham, Eaton, Clinton, Jackson, Shiawassee, Washtenaw, Livingston, Barry, Kent, Gratiot in the cities of: Lansing, East Lansing, Mason, Okemos, Haslett, Bath, St. Johns, Charlotte, Jackson, Corunna, Ann Arbor, Grand Rapids, Brighton, Howell, Ithaca.