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Criminal Law FAQs – Theft Crimes
Michigan Criminal Laws FAQs
Theft Crimes
According to Michigan State Law (Michigan Compiled Laws – MCL), Theft Crimes generally involve the unlawful taking of someone else’s property with the intent to deprive them of it, either permanently or for a significant period. Michigan law outlines various specific theft offenses, each with its own elements and potential penalties.
FAQ 1: What are the different types of theft crimes in Michigan (larceny, retail fraud)?
Michigan law recognizes several types of theft crimes, with larceny and retail fraud being prominent examples:
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Larceny (MCL 750.356 et seq.): Larceny is the unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of
it. This is a broad category encompassing various scenarios, from stealing personal belongings to embezzlement (though embezzlement has its own specific statutes as well). The severity and penalties for larceny often depend on the value of the property stolen.
FAQ 2: How is the severity of a theft charge determined in Michigan?
The severity of a theft charge in Michigan is primarily determined by the value of the property stolen. This is explicitly outlined in statutes like MCL 750.356 (Larceny) and MCL 750.360 (Retail Fraud). Higher value thefts generally result in more serious charges (felonies) and harsher penalties.
For Larceny (MCL 750.356), the penalties are often tiered based on the following approximate values (note that these are subject to change, so always refer to the current statute):
- $200.00 or less: Misdemeanor, punishable by up to 93 days in jail and/or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater.
- More than $200.00 but less than $1,000.00: Misdemeanor, punishable by up to 1 year in jail and/or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater.
- $1,000.00 or more but less than $20,000.00: Felony, punishable by up to 5 years in prison and/or a fine of up to $10,000.00 or 3 times the value of the property stolen, whichever is greater.
- $20,000.00 or more: Felony, punishable by up to 10 years in prison and/or a fine of up to $15,000.00 or 3 times the value of the property stolen, whichever is greater.
For Retail Fraud (MCL 750.360), the degree of the offense is directly linked to the value of the merchandise stolen, as described in FAQ 1, with each degree carrying its own potential penalties. Prior retail fraud convictions can also lead to enhanced charges and penalties.
FAQ 3: What are the potential penalties for a theft conviction in Michigan?
The potential penalties for a theft conviction in Michigan vary widely depending on the specific charge (larceny or retail fraud), the value of the property involved, and the defendant’s prior criminal record. Penalties can include:
- Jail or Prison Time: Ranging from a few days for low-value misdemeanors to potentially many years for high-value felonies.
- Fines: From a few hundred dollars to thousands of dollars, often calculated as a multiple of the value of the stolen property.
- Probation: A period of supervision by the court, often with conditions such as regular reporting, drug testing, community service, and restitution.
- Restitution: Requiring the defendant to pay back the value of the stolen property to the victim.
- Criminal Record: A theft conviction will result in a criminal record, which can have long-term consequences for employment, housing, and other aspects of life.
It’s crucial to consult the specific MCL sections (MCL 750.356 and MCL 750.360 ) for the most up-to-date and precise penalty information, as these laws can be amended.
FAQ 4: Can I be charged with theft even if I intended to return the item?
Generally, yes, you can still be charged with theft-related offenses even if you intended to return the item, depending on the specific crime and the circumstances. The key element in many theft crimes, particularly larceny, is the intent to permanently deprive the owner of their property. However, taking property without the owner’s consent, even with the intention of returning it, can still constitute a crime, such as unlawful use of a vehicle (for vehicles) or potentially other lesser offenses.
The prosecution will often focus on your intent at the time of the taking. If it can be proven that you intended to exercise control over the property inconsistent with the owner’s rights, even temporarily, it could lead to a theft charge. The belief that you would eventually return the item might be considered by the court during sentencing but may not necessarily negate the initial charge.
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FAQ 5: What are some possible defenses against theft charges?
Several defenses may be raised against theft charges in Michigan, depending on the specific facts of the case. Some common defenses include:
- Lack of Intent: Arguing that you did not intend to permanently deprive the owner of the property. This can be difficult to prove but might be relevant in certain situations.
- Mistake of Fact: Claiming you genuinely believed the property was yours or that you had permission to take it.
- Claim of Right: Asserting a good-faith belief that you had a legal right to possess the property (e.g., reclaiming your own property).
- Coercion or Duress: Arguing that you were forced to commit the theft under threat of harm.
- Entrapment: Claiming that law enforcement improperly induced you to commit the theft.
- Insufficient Evidence: Arguing that the prosecution has not presented enough credible evidence to prove beyond a reasonable doubt that you committed the theft.
- Illegal Search and Seizure: If the evidence used against you was obtained through an unlawful search or seizure, your attorney may file a motion to suppress that evidence.
The success of any defense depends heavily on the specific details of the case and the evidence presented. If you are facing theft charges, it is crucial to consult with a qualified criminal defense attorney to discuss your situation and explore potential defenses.
Facing any Domestic charges in Michigan?
Facing a domestic charge in Michigan can have serious consequences affecting your driving privileges, child raising, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.
Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550
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Areas of Service
We fight for our clients throughout the State of Michigan and Northern Ohio.
Here are some court contacts we frequently handle cases.
Oakland County
If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:
- Telephone Number: (248) 858-0344
- Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
- Website:
Oakland County 6th Judicial Circuit Court
Macomb County
If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:
- Telephone Number: (586) 469-5150
- Address: 40 N. Main Street, Mt. Clemens, MI 48043
- Website:
Macomb County 16th Judicial Circuit Court
Wayne County
If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):
- Telephone Number (Civil/Family): (313) 224-5510
- Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
- Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
- Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
- Website:
https://www.3rdcc.org/
Kent County
If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:
- Telephone Number: (616) 632-5220
- Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
- Website:
Kent County
Traverse County
If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):
- Telephone Number: (231) 922-4701
- Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
- Website: Traverse City 13h Circuit Court
Monroe County
If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:
- Telephone Number: (734) 240-7020
- Address: 106 E First Street, Monroe, MI 48161
- Website: Monroe County 38th Circuit Court