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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!