Defending Clients Accussed of Theft Charges in Michigan For Three Decades
In Michigan, there are numerous theft crimes all carrying differing penalties that range from simple misdemeanors to serious felonies. Lawmakers have created stiff penalties for theft crimes and prosecutors typically will aggressively charge and prosecute offenders due to the perceived danger and seriousness of the crimes involved.
Often times, it is paramount to discover every possible piece of evidence including eyewitness testimony and video surveillance to make sure that you can put forward every defense available. This is why it is important to hire a lawyer that knows Michigan theft crimes and what it takes to challenge the evidence in court. Our Michigan criminal defense lawyers aggressively fight charges knowing how to put the evidence in a light that can get your charges reduced or dropped and even thrown out if the prosecutor can't demonstrate intent or can't prove the elements of the charge
What Are The Penalties and Possible Sentences for Theft Crimes in Michigan?
Most theft crimes can be defined as larceny which generally involves stealing or theft of other's property and which falls under several categories. Some of the most common theft crimes include:
Retail Fraud First Degree – MCL 750.356c
Generally, a person is guilty of retail fraud in the fist degree if they steal property from a store in amount equal to or greater than $1,000.00; or (2) fraudulently attempts or obtains a refund for property in an amount of $1,000.00 or more; or (3) the person has a prior first degree or second degree retail fraud conviction. This charge is a felony punishable by imprisonment of no more than 5 years or a fine of not more than $10,000.00 or 3 times the value of property obtained or attempted to be obtained, whichever is greater.
Retail Fraud Second Degree – MCL 750.356d
Generally, a person is guilty of retail fraud in the second degree if they steal property from a store in amount equal to $200.00 but less than $1,000.00; or (2) fraudulently attempts or obtains a refund for property in an amount equal to $200.00 but less than $1,000.00; or (3) the person has a prior third degree retail fraud conviction. This charge is 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 the property obtained or attempted to be obtained, whichever is greater.
Retail Fraud Third Degree – MCL 750.356d (4)
A person is guilty of retail fraud in the third degree if they steal property from a store in amount less than $200.00; or (2) fraudulently attempts or obtains a refund for property in an amount less $200.00 (3) the person has a prior third degree retail fraud conviction. This charge is a misdemeanor punishable by imprisonment for up to 93 days and or a fine of not more than $500.00 or 3 times the amount of the property obtained.
Additionally, all these charges can include amounts for the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine that the total value involved in the offense is greater or equal to $1,000.00
Unlawful Driving Away an Automobile ("UDAA") – MCL 750.413
In Michigan, a person is usually guilty of a UDAA if (1) the vehicle belonged to someone else (2) that the defendant took possession of the vehicle and drove or took it away (3) that these acts were both done without authority or the owner's permission (4) the defendant intended to take possession of the vehicle and drive it away. It does not matter whether the defendant intended to keep the vehicle: Additionally, anyone who assists in taking possession of a vehicle or assists in driving or taking away a vehicle knowing that the vehicle was unlawfully possessed is also guilty of this crime if the assistance was given with the intention of helping another commit this crime.
A UDAA is a felony punishable by imprisonment in the state prison for not more than 5 years.
Joy Ridding - MCL 750.414
In Michigan, a person is usually guilty of "joy riding" or the technical name of use of an automobile without authority and without intent to steal when: (1) the vehicle belonged to someone else (2) the defendant used the vehicle (3) the defendant did this without authority (4) that the defendant intended to use the vehicle knowing that he did not have the authority to do so. (5) anyone who assists in using a vehicle is also guilty of this crime if he or she gave the assistance knowing that the person who was taking or using it did not have the authority to do so.
Joy Ridding is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,500.00
Contact a Michigan Theft Charge Attorney Today For a Free Consultation
The criminal attorneys at The Clark Law Office can help defend you from the severe penalties, fines, and jail and prison sentences that come with a Michigan theft crime charge. We aggressively locate and find the discovery available to best defend your case and undermine the prosecutions while presenting the mitigating facts of your situation and compelling rationales need to effectively advocate for you. Call a Michigan theft crime attorney today for a free consultation and to talk about your case!
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