In Michigan, theft-related crimes such as burglary, robbery, larceny, vandalism, and kidnapping are taken seriously, each carrying its own set of legal definitions and penalties. Understanding these charges is crucial, whether you are accused of such a crime or are a victim.

Burglary

Burglary involves entering a building with the intent to commit a crime inside, often theft. It’s a severe offense, and being accused of burglary can lead to significant consequences including jail time.

Burglary Laws in Michigan

Michigan law defines burglary and related offenses with precise criteria and penalties, as outlined in MCL § 750.110, § 750.110a, § 750.111, § 750.112, and § 750.115.

• General Burglary (MCL § 750.110): Entering a building with the intent to commit a felony or larceny is a felony itself, punishable by up to 10 years in prison. This includes various structures like warehouses, boats, and even shipping containers.
• Home Invasion (MCL 750.110a): This statute defines three degrees of home invasion, depending on factors such as whether the perpetrator was armed, if another person was present in the dwelling, or the type of crime intended. Penalties range from up to 20 years in prison for first-degree home invasion to up to 5 years for third-degree.
• Entering Without Breaking (MCL § 750.111): Simply entering a building with the intent to commit a felony or larceny, without breaking in, is still a felony, punishable by up to 5 years in prison.
• Burglary with Explosives (MCL § 750.112): Using explosives to enter a building for committing a crime is a serious felony, with penalties ranging from 15 to 30 years in prison.
• Unlawful Entry (MCL § 750.115): Unlawfully entering any building or structure without permission is a misdemeanor, except under certain conditions like public buildings or law enforcement actions.

The Complexity of Burglary Charges

Burglary charges in Michigan can range from misdemeanors to serious felonies, depending on the circumstances. These laws emphasize the importance of intent, method of entry, and whether any dangerous weapons were used.

Robbery

Robbery is not merely theft; it includes the element of force or threat. Even the use of a fake weapon during a robbery is treated seriously under Michigan law, potentially leading to felony charges. The severity of robbery charges increases if a weapon is involved or if the victim suffers any harm.

Robbery: Use of Force or Fear

Under MCL § 750.530, robbery is defined as using force or inducing fear during the act of committing larceny. This can occur not only during the theft itself but also in attempts to commit the larceny, during flight after the theft, or in trying to retain possession of the stolen property. A conviction can lead to imprisonment for up to 15 years.

Armed Robbery: Involving Dangerous Weapons

Armed robbery, as defined in MCL § 750.529, occurs when a person committing a robbery possesses a dangerous weapon, uses an object fashioned to look like a weapon, or verbally claims to have a weapon. This crime is punishable by life imprisonment or any term of years, with a minimum of 2 years if aggravated assault or serious injury occurs.

Carjacking: A Severe Form of Robbery

Carjacking, specifically addressed in MCL § 750.529a, is a serious felony. It involves the use of force, violence, or the threat thereof, in the course of committing a motor vehicle theft. Given its severity, a carjacking conviction can lead to life imprisonment or imprisonment for any term of years, with potential consecutive sentences for crimes arising from the same transaction.

Legal Defenses to Robbery

In criminal law, the burden of proof lies with the prosecution. They must establish the defendant’s guilt beyond a reasonable doubt. Defendants can challenge the prosecution’s evidence or introduce their own to cast doubt on the accusations.

• Alibi and Innocence: Presenting an alibi can be an effective defense. Demonstrating that the defendant was elsewhere during the crime, supported by witness testimonies or other evidence, can undermine the prosecution’s case.

• Intoxication as a Defense:
  • Involuntary Intoxication: This defense applies if the defendant was intoxicated against their will, which can negate criminal responsibility.
• Voluntary Intoxication: In some cases, it can be argued that the defendant was incapable of forming the specific intent required for robbery due to intoxication, possibly leading to lesser charges.
• Duress: If the defendant was coerced into committing the crime under threat of imminent harm or death, and there was no reasonable chance to escape the situation, a duress defense might be applicable.

Larceny

In Michigan, the crime of theft, legally known as larceny, is defined by a set of specific criteria. Understanding these can help clarify what actions may lead to theft charges.

Here’s a breakdown of the five elements that constitute larceny, based on Michigan case law:

• Taking of Property: There must be a taking, which could be as minimal as moving an item from its place, even if it’s not completely removed from the
• Movement of Property: The item taken must be moved in some way. This does not require the thief to carry it away personally; any movement, even by an unsuspecting person, counts.
• Intent to Steal: The person must intend to take the item permanently away from its owner. This means there’s a plan to not return the item, distinguishing larceny from borrowing.
• Ownership by Someone Else: The property must belong to another person, meaning it’s not the property of the individual taking it.
• Without Consent: The taking must be without the permission of the owner, done against their will.

Understanding Ownership and Intent

In theft cases, the ‘owner’ is considered to be the person who has custody of the item

when it’s taken. And it’s important to note that even a slight movement of an item with the intent to steal is enough to constitute theft. For instance, if someone attempts to take a piece of electronics from a store but drops it while leaving, it’s still considered larceny.

Legal Implications of Larceny

These elements are crucial for legal proceedings as they help establish the basis of a theft charge. They show that theft isn’t just about physically taking something; it’s about the intention behind the action and the lack of consent from the person who possesses the item.

Common Defenses Against Larceny Charges

If someone is accused of larceny in Michigan, there are several defenses that can be employed to contest the charges. Understanding these defenses can be critical for those facing legal action. Here are the common defenses against larceny:

• Claim of Right: This defense is used when the accused genuinely believed they had a right to the property, even if that belief was mistaken.
• Accident: If the taking of property was unintentional, an ‘accident’ defense might be applicable, showing there was no intent to commit a crime.
• Lack of Specific Intent: Since larceny requires the intent to permanently deprive the owner of their property, proving that there was no such intent can be a powerful defense.
• Consent of Owner: If the accused had permission from the owner to take the property, they could not be found guilty of larceny.

Vandalism

Vandalism includes damaging or destroying someone else’s property, ranging from graffiti to more destructive acts like arson. Depending on the extent of damage and other factors, vandalism can result in misdemeanor or felony charges.

Vandalism Laws in Michigan

In Michigan, vandalism is treated seriously, with penalties depending on the extent of damage and any previous convictions. As outlined in MCL § 750.377a, vandalism can range from a misdemeanor to a felony.

• Significant Property Damage (Over $20,000): If the damage is $20,000 or more, or if there are two or more prior convictions for similar offenses, the act is classified as a felony. This could lead to imprisonment for up to 10 years and/or a fine of up to $15,000, or three times the damage amount, whichever is greater.
• Moderate Property Damage ($1,000 – $20,000): Damage within this range, or with one prior conviction, also constitutes a felony. Penalties include up to 5 years in prison and/or fines up to $10,000, or three times the damage amount.
• Lesser Property Damage ($200 – $1,000): This is treated as a misdemeanor, punishable by up to 1 year in jail and/or fines up to $2,000, or three times the damage amount. Prior convictions can elevate the severity of the charge.
• Minor Property Damage (Under $200): Also a misdemeanor, this can result in up to 93 days in jail and/or a fine up to $500, or three times the damage amount.

Aggregation of Damages and Enhanced Sentencing

The law allows for the aggregation of separate incidents of vandalism over a 12-month period to determine the total amount of damage, which can affect the level of charges.

Additionally, enhanced sentences based on prior convictions are possible, but they must be proven in court without a jury.

Kidnapping

Kidnapping is a felony in all states, including Michigan. It involves the unlawful confinement or movement of a person against their will. Federal charges can apply if the victim is moved across state lines. Aggravated kidnapping, involving ransom demands or serious harm to the victim, carries more severe penalties.

Kidnapping Defined (MCL § 750.349)

• Criteria for Kidnapping: Under Michigan law, kidnapping occurs when a person knowingly restrains another with the intent to hold them for ransom, use them as a shield or hostage, engage in criminal sexual conduct, take them out of state, hold them in involuntary servitude, or engage in child sexually abusive activity (if the victim is a minor).
• Definition of Restraint: ‘Restrain’ in this context means to restrict or confine a person’s movements without their consent or legal authority, irrespective of the duration of the confinement.
• Penalties: Kidnapping is a felony punishable by life imprisonment or any term of years, and/or a fine of up to $50,000.

Unlawful Imprisonment (MCL § 750.349b)

• Conditions for Unlawful Imprisonment: This crime involves knowingly restraining another person using a weapon, secretly confining them, or restraining them to facilitate or flee after another felony.

• Penalties: Unlawful imprisonment is also a felony, punishable by up to 15 years in prison and/or a fine of up to $20,000.

Legal Representation Matters

Each of these offenses can have significant legal ramifications. Choosing the right lawyer who specializes in criminal law and has local court experience is crucial. A good lawyer should be responsive, knowledgeable, and have a strategic approach tailored to your case.

If you’re facing charges or have been a victim of any of these crimes, B. Kizy Law can provide the legal support you need. Our experienced team is well-versed in Michigan’s theft-related laws and can help navigate the complexities of your case.