Theft is a crime that can disrupt lives and businesses, affecting both individuals and the community. It is defined legally as the act of taking someone else’s property with the intent to permanently deprive them of it. At B. Kizy Law, we believe in empowering our clients with knowledge about their legal rights and the intricacies of theft laws.

The Legal Spectrum of Theft

Theft is not a one-size-fits-all legal issue; it encompasses various crimes ranging from minor infractions to serious felonies. The classification and subsequent penalties depend on several factors, including the value of the stolen item, the method of theft, and the perpetrator’s criminal history.

What Constitutes Theft in Michigan

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.

Understanding Theft Charges and Their Consequences in Michigan

Under Michigan Law, theft is classified based on the value of the property taken. The Michigan Penal Code provides a comprehensive framework for addressing theft, ensuring that the penalties are proportionate to the severity of the offense. The statute, MCL § 750.356, outlines the following important points:

• Property Types: The law specifies various property types that, when stolen,

constitute larceny. These include money, financial instruments, legal documents, and, notably, scrap metal, which often has both intrinsic and replacement value considerations.

• Felony Thresholds: Theft offenses are escalated to felonies with potentially severe consequences when the value of the property stolen is $1,000 or

The higher the value, the more severe the penalties, reflecting the law’s emphasis on the property’s worth in determining punishment.

• Prior Convictions: Individuals with prior theft convictions face harsher penalties, demonstrating the statute’s deterrent approach to repeat The law explicitly states the increased penalties for those with two or more prior convictions.
• Aggregation of Theft: If multiple thefts are committed by an individual as part of a single scheme or course of conduct within a year, their values can be combined to determine the total value, potentially leading to more severe
• Enhanced Sentencing: The statute allows for enhanced sentences based on

prior convictions, but it also sets limits on how prior convictions are counted and how they impact sentencing, preventing over-penalization.

• Sentencing Determinations: The method of establishing prior convictions for sentencing is clearly laid out, ensuring transparency and due process. This

includes the use of judgment copies, trial transcripts, presentence reports, or the defendant’s own statements.

By understanding these specific elements of the law, individuals can better comprehend the legal ramifications of theft and larceny. It is important for anyone facing theft

charges to be aware of how these factors can influence their case and potential sentencing.

Theft Involving Vehicles

Theft laws in Michigan not only cover general property but also provide specific statutes for offenses involving motor vehicles and automotive parts. MCL § 750.356a addresses

these particular kinds of theft, highlighting the gravity of these offenses and their associated penalties.

• Felony Charges: Stealing or unlawfully removing parts such as wheels, tires, airbags, or electronic devices from motor vehicles is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both.

Receiving and Concealing Stolen Property

In Michigan, individuals are frequently charged with Receiving and Concealing Stolen Property, in violation of MCL § 750.535, when this type of theft occurs. The elements of Receiving and Concealing Stolen Property are:

• Some property was stolen or explicitly represented to the defendant as being stolen, embezzled, or converted.
• The defendant bought, received, possessed, concealed, or aided in the concealment of that property.
• The defendant knew or had reason to know or reason to believe that the property was stolen when he or she bought, received, possessed, concealed, or aided in its
• The property
  • was a motor vehicle; or
  • had a fair market value when it was bought, received, possessed, or concealed of
    • $20,000 or more,
    • $1,000 or more but less than $20,000,

• $200 or more but less than $1,000, or
• some amount less than $200.

Please note that the values of property bought, received, possessed, or concealed in separate incidents may be added together if they were part of a scheme or course of conduct within a 12-month period. It is also important to note that this charge also

penalizes other individuals involved with the illicit transaction and is commonly brought against those accused of stealing or being part of a criminal organization that steals

vehicles in Michigan.

Breaking Into Vehicles

The law distinguishes between the value of property stolen from vehicles and the circumstances of the crime:

• Value Less Than $200: If the stolen property is worth less than $200, it’s a

misdemeanor with penalties including up to 93 days in jail or a fine up to $500 or three times the value, whichever is greater.

• Value Between $200 and $1,000: The crime is a misdemeanor with increased penalties, potentially leading to 1 year in jail or a fine up to $2,000 or three times the value, whichever is greater.
• Value Between $1,000 and $20,000: The offense is a felony with

consequences including up to 5 years in prison or a fine up to $10,000 or three times the value, whichever is greater.

• Value of $20,000 or More: This is a felony with even more severe penalties, including up to 10 years in prison or a fine up to $15,000 or three times the value, whichever is greater.

Damaging Vehicles During Theft

Separately, any damage caused to the vehicle during the act of theft can result in felony charges, emphasizing the seriousness with which Michigan law views the violation of personal property.

Shoplifting Laws in Michigan: What You Need to Know

Retail environments are common settings for theft, and Michigan law specifies severe penalties for what’s legally known as retail fraud. MCL § 750.356c outlines the criteria and consequences for first-degree retail fraud, which is the most severe form of this crime.

What Constitutes First-Degree Retail Fraud?

First-degree retail fraud occurs when a person, within a store or its immediate vicinity:

• Alters, transfers, or conceals the price of items with the intent of not paying or paying less than the offered price, and the difference in price is $1,000 or
• Steals property with a sale price of $1,000 or
• Attempts to defraud the store by seeking a refund or exchange for items that were never purchased if the value is $1,000 or more.

Penalties for First-Degree Retail Fraud

If convicted of first-degree retail fraud, an individual faces:

• A felony
• Imprisonment for up to 5
• A fine of up to $10,000, or three times the value of the property or money involved, whichever is greater.

Second Degree Retail Fraud

Second-degree retail fraud is a misdemeanor, applicable when:

• The price alteration or stolen property is valued at $200 or more but less than $1,000.

• The fraud involves obtaining or attempting to obtain store property through refund or exchange fraud within the same value range.

The penalties can include up to 1 year of imprisonment, a fine of up to $2,000, or three times the value of the property involved, whichever is greater.

Third-Degree Retail Fraud

Third-degree retail fraud applies when:

• The price alteration or property value is less than $200.
• The intent to defraud through refunds or exchanges involves property below the $200 mark.

This is considered a misdemeanor with potential penalties of up to 93 days in jail, a fine of up to $500, or three times the value of the property involved, whichever is greater.

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.

Why Choose B. Kizy Law for Theft-Related Cases?

Navigating the legal landscape of theft can be challenging. Whether you’re facing

charges or are a victim of theft, our team at B. Kizy Law is equipped to handle your case with the care and expertise it demands.

Our experienced attorneys understand the nuances of Michigan’s theft laws and can

offer guidance tailored to your unique situation. We are committed to providing a robust defense for our clients and ensuring that justice is served.