Search Results for: theft offenses

Michigan Criminal Law: Theft/Larceny Crimes; Breaking & Entering

Certain charges combine elements of larceny/theft offenses with added elements comparable to the home-invasion series of charges. Breaking and Entering is chargeable against an individual who allegedly “breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, shipping container, or railroad car.” MCL 750.110.

This charge is broadly worded. It may be levied against individuals who break and enter a building with the intent to commit either a felonious or misdemeanor larceny. MCL 750.110. It may also be charged against individuals who allegedly break and enter “with intent to commit a felony.” MCL 750.110. That extra portion of language makes this charge more expansive and escalates the possible charges for someone regardless of the underlying alleged felony. However, if a prosecutor alleges a felony was committed after the breaking and entering, they must also prove that the individual intended to commit that particular felony. People v Westerberg, 274 Mich 647, 265 NW 489 (1936).

The charge, if convicted, is a felony, “punishable by imprisonment for not more than 10 years,” probation, restitution, fines, costs, community service, or other sanctions at the discretion of the court. MCL 750.110. The potential maximum penalties and minimum penalties could increase substantially if a person has prior felony convictions and if they are charged as a habitual offender.
As the Model Jury Instruction explains, in order to prove this charge beyond a reasonable doubt, the prosecutor must show the following:

(1) The defendant is charged with the crime of breaking and entering. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant broke into a building1. It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.2 Entering a building through an already open door or window without using any force does not count as a breaking.

(3) Second, that the defendant entered the building. It does not matter whether the defendant got [his / her] entire body inside. If the defendant put any part of [his / her] body into the building after the breaking, that is enough to count as an entry.

(4) Third, that when the defendant broke and entered the building, [he / she] intended3 to commit [state offense] .4

Crim. JI. 25.1.

Like a vast majority of theft offenses, this charge is also considered a “specific intent” crime. Crim. JI. 25.1.

This charge contains more severe penalties for a conviction than a similar charge, Entering without Breaking, MCL 750.11. Entering without Breaking is considered a “lesser included offense.” Crim. JI. 25.1.

Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.

For information on the Michigan charge, “Uttering & Publishing,” click here.

For information Michigan’s Armed Robbery Charge, click here.
For information on Michigan’s Unarmed Robbery charge, click here.
For information on Michigan’s embezzlement charge, click here.
For information on Michigan’s charge, Home Invasion, Third Degree, click here.
For information on Michigan’s charge, Home Invasion, Second Degree, click here.
For information on Michigan’s charge, Home Invasion, First Degree, click here.
For information on Michigan’s charge, Larceny from a Building, click here.
Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

Michigan Criminal Law: Theft/Larceny Crimes; Embezzlement by Agent or Servant

Financial crimes and theft offenses are a significant portion of a typical Michigan court’s criminal docket. Financial transactions are conducted through a variety of methods, and most of those methods are typically regulated by the Federal and State government.

In particular, businesses may be susceptible to theft by their agents. One criminal charge that arises out of these allegations is called “Embezzlement by a servant or agent;” MCL 750.174, .181.

The possible penalties for a conviction based on these charges depend on the amount allegedly taken, and range from low-level misdemeanors punishable by up to ninety-three days in jail up to serious felony charges. MCL 750.174, .181. Restitution, fines, costs, probation, or other sanctions may be part of a sentence as well depending on the charge. MCL 750.174, .181.

In order to prove this charge, a prosecutor must show the following:

(1) The defendant is charged with the crime of embezzlement. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the [money / property] belongs to [name principal] .1

(3) Second, that the defendant had a relationship of trust with [name principal] because the defendant was [define relationship] .2

(4) Third, that the defendant obtained possession or control of the [money / property] because of this relationship.

(5) Fourth, that the defendant

[Choose (a), (b), or (c):]

(a) dishonestly disposed of the [money / property] .

(b) converted the [money / property] to [his / her] own use.

(c) took or hid the [money / property] with the intent to convert it to [his / her] own use without consent of [name principal] .

(6) Fifth, that at the time the defendant did this, [he / she] intended to defraud or cheat [name principal] of some property.3

(7) Sixth, that the fair market value of the property or amount of money embezzled was:4

[Choose only one of the following unless instructing on lesser offenses:]

(a) $20,000 or more.

(b) $1,000 or more, but less than $20,000.

(c) $200 or more, but less than $1,000.

(d) some amount less than $200.

[Use the following paragraph only if applicable:]

(8)  [You may add together the value of property or money embezzled in separate incidents if part of a scheme or course of conduct (within a 12-month period)5 when deciding whether the prosecutor has proved the amount required beyond a reasonable doubt.]

M. Crim. JI. 27.1

As the the instruction above notes, this charge only relates to people who are considered “agents” or “servants” of the “principle.” M. Crim. JI. 27.1. This agency relationship element distinguishes these charges from other theft offenses.

Another key distinguishing feature is that the prosecutor must prove the “fair market value” of the embezzled money or property. Given the variance of the possible type of charge and potential penalties, proving the “fair market value” is an especially important element for the prosecutor when the allegations involve embezzled property. M. Crim. JI. 27.1.

Restitution if often a big issue with these cases. Further, since it is considered a theft offense, there are collateral consequences that go well beyond the courts if a person is convicted of this charge. A conviction for this type of charge, for example, may bar someone from working in certain professions or make it nearly impossible to find employment.
Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.

Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.

If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

Michigan Criminal Law: Theft/Larceny Crimes; Home Invasion Third Degree

Home Invasion charges combine elements of larceny/theft offenses with an alleged act of breaking and entering into a home or residence. Specifically, home invasion charges relate to alleged acts involving “dwellings,” or “a structure or shelter that is used permanently or temporarily as a place of abode”…i.e., residential buildings, as opposed to commercial or non-residential businesses. MCL 750.110a (1)(a).
Home Invasion charges are broken down by degree; ranging from Home Invasion 1st Degree, the most serious, to Home Invasion Third Degree, the least serious of these types of charges. MCL 750.110a. There are related but less severe charges (trespassing, entry without permission, etc.); however, this particular page focuses on specifically Home Invasion charges; to wit, Home Invasion Third Degree.
Penalties, if convicted, for a Home Invasion Third Degree, start as “a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or bothMCL 750.110a (7). This may be enhanced if a person is charged as a habitual offender. There may be additional sanctions such as restitution, probation, or other sanctions if convicted as well.

Home Invasion Third is often considered as a lesser offense to the other more severe Home Invasion charges. The key distinguishing feature of this particular variation is that the prosecutor must prove that the alleged defendant broke into the dwelling to commit a misdemeanor. Crim. JI. 25.2e.
As the Model Jury Instruction explains, in order to prove the charge of Home Invasion Second Degree beyond a reasonable doubt, the prosecutor must show the following:

(1)  [The defendant is charged with / You may also consider the lesser offense of] home invasion in the third degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant [broke and entered / entered without permission] a dwelling. [It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.] [For an entry, it does not matter whether the defendant got (his / her) entire body inside. If the defendant put any part of (his / her) body into the dwelling, that is enough to count as an entry.]

[Choose (3)(a) or (3)(b) as appropriate:]

(3) Second,

(a) that at the time of the [breaking and entering / entering without permission] the defendant intended to commit a misdemeanor.1

(b) that when the defendant entered, was present in, or was leaving the dwelling, [he / she] committed a misdemeanor.2

Crim. JI. 25.2e There is a variation of these instructions if the defendant allegedly entered a dwelling and this alleged act violated a protective order. Crim. JI. 25.2f.

Home Invasion Third Degree, for the purposes of sentencing scoring, is considered to be a less serious offense; scored on a E “grid,” (Solicitation of Murder, for example, is scored on an A grid, while more minor felony charges are scored on G or F grids). This is the least severe of the grids in comparison to either a Home Invasion First or Second Degree charge.

Unless there are some very usual circumstances which would result in a very high guidelines score, people may be looking at a county jail terms for their possible sentence if convicted of Home Invasion Third Degree. Their maximum sentence starts at five years and goes up if they were convicted as a habitual offender. Ultimately, a person’s possible sentence depends on their scoring and the alleged facts of the case.

Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.

For information on the Michigan charge, “Uttering & Publishing,” click here.
For information Michigan’s Armed Robbery Charge, click here.
For information on Michigan’s Unarmed Robbery charge, click here.
For information on Michigan’s Breaking & Entering charge, click here.
For information on Michigan’s embezzlement charge, click here.
For information on Michigan’s charge, Home Invasion, Second Degree, click here.
For information on Michigan’s charge, Home Invasion, First Degree, click here.
For information on Michigan’s charge, Larceny from a Building, click here.

Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

Michigan Criminal Law: Theft/Larceny Crimes; Home Invasion Second Degree

Home Invasion charges combine elements of larceny/theft offenses with an alleged act of breaking and entering into a home or residence. Specifically, home invasion charges relate to alleged acts involving “dwellings,” or “a structure or shelter that is used permanently or temporarily as a place of abode”…i.e., residential buildings, as opposed to commercial or non-residential businesses. MCL 750.110a (1)(a).

Home Invasion charges are broken down by degree; ranging from Home Invasion 1st Degree, the most serious, to Home Invasion Third Degree, the least serious of these types of charges. MCL 750.110a. There are related but less severe charges (trespassing, entry without permission, etc.); however, this particular page focuses on specifically Home Invasion charges; to wit, Home Invasion Second Degree.

Penalties, if convicted, for a Home Invasion Second Degree, start as “a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both.MCL 750.110a (6). This may be enhanced if a person is charged as a habitual offender. There may be additional sanctions such as restitution, probation, or other sanctions if convicted as well.

Home Invasion Second Degree charges are distinguishable from Home Invasion First Degree charges because the prosecutor is not required to prove that the accused person was either armed with a dangerous weapon or that another person “was lawfully present in the dwelling.” Crim. JI. 25.2a (Home Invasion First Degree) & Crim. JI. 25.2b (Home Invasion Second Degree).

As the Model Jury Instruction explains, in order to prove the charge of Home Invasion Second Degree beyond a reasonable doubt, the prosecutor must show the following:

(1)  [The defendant is charged with / You may also consider the lesser offense of] home invasion in the second degree.1 To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant broke into a dwelling. It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking.

(3) Second, that the defendant entered the dwelling. It does not matter whether the defendant got [his / her] entire body inside. If the defendant put any part of [his / her] body into the dwelling after the breaking, that is enough to count as an entry.

[Choose (4)(a) or (4)(b) as appropriate.]

(4) Third,

(a) that when the defendant broke and entered the dwelling, [he / she] intended2 to commit [state offense] .3

(b) that when the defendant entered, was present in, or was leaving the dwelling, [he / she] committed the offense of [state offense] .3

 

Crim. JI. 25.2b There is a variation of these instructions if the defendant allegedly “entered without permission” to commit the alleged Home Invasion, Second Degree. Crim. JI. 25.2d.

Home Invasion Second Degree, for the purposes of sentencing scoring, is considered to be a serious offense; scored on a C “grid,” (Solicitation of Murder, for example, is scored on an A grid, while more minor felony charges are scored on G or F grids). This is not as severe of a grid as the penalties for a Home Invasion First Degree charge; however, it is also considered to be a “crime against a person.”
Unless there are some very usual circumstances which would result in a very low score, people may be looking at a prison term for their minimum possible sentence, i.e., their earliest possible parole date, if convicted of Home Invasion Second Degree. Their maximum sentence starts at fifteen years and goes up if they were convicted as a habitual offender. Ultimately, a person’s possible sentence depends on their scoring and the alleged facts of the case.
Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.
For information on the Michigan charge, “Uttering & Publishing,” click here.
For information Michigan’s Armed Robbery Charge, click here.
For information on Michigan’s Unarmed Robbery charge, click here.
For information on Michigan’s Breaking & Entering charge, click here.
For information on Michigan’s embezzlement charge, click here.
For information on Michigan’s charge, Home Invasion, Third Degree, click here.
For information on Michigan’s charge, Home Invasion, First Degree, click here.
For information on Michigan’s charge, Larceny from a Building, click here. Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

Michigan Criminal Law: Theft/Larceny Crimes; Larceny in a Building

Certain charges combine elements of larceny/theft offenses with an added element of a particular location and specific value amount. Specifically, Larceny in a Building charges relate to alleged larcenous acts involving a variety of buildings and other structures that are “open to the public.” MCL 750.360.
The possible penalties for a conviction of Larceny in a Building charges are determined in part by the alleged value of the property; however, the act itself, if proven beyond a reasonable doubt, is a felony charge. MCL 750.360. Possible penalties for a conviction start at up to four years in prison and may be higher depending on the alleged facts and whether a person has a prior history.
As the Model Jury Instruction explains, in order to prove this charge beyond a reasonable doubt, the prosecutor must show the following:

(1) The defendant is charged with the crime of larceny in a building. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant, took someone else’s property.

(3) Second, that the property was taken without consent.

(4) Third, that the property was taken in a [state type of building] 1.

(5) Fourth, that there was some movement of the property. [It does not matter whether the defendant actually kept the property or whether the property was taken off the premises] .

(6) Fifth, that the property was worth something at the time it was taken.

(7) Sixth, that at the time the property was taken, the defendant intended to permanently deprive the owner of the property.2
Crim. JI. 23.4.

This charge is often an issue for people who go into businesses and take items of metal for scrap metal (i.e., “scrappers”) without the owner’s permission. There is a reduced charge, though, if a person is allegedly “scrapping” materials from an abandoned building. MCL 750.359.

Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.

For information on the Michigan charge, “Uttering & Publishing,” click here.
For information Michigan’s Armed Robbery Charge, click here.
For information on Michigan’s Unarmed Robbery charge, click here.
For information on Michigan’s Breaking & Entering charge, click here.
For information on Michigan’s embezzlement charge, click here.
For information on Michigan’s charge, Home Invasion, Third Degree, click here.
For information on Michigan’s charge, Home Invasion, Second Degree, click here.
For information on Michigan’s charge, Home Invasion, First Degree, click here.

Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

Michigan Criminal Law: Theft/Larceny Crimes; Home Invasion First Degree

Home Invasion charges combine elements of larceny/theft offenses with an alleged act of breaking and entering into a home or residence. Specifically, home invasion charges relate to alleged acts involving “dwellings,” or “a structure or shelter that is used permanently or temporarily as a place of abode”…i.e., residential buildings, as opposed to commercial or non-residential businesses. MCL 750.110a (1)(a).

Home Invasion charges are broken down by degree; ranging from Home Invasion 1st Degree, the most serious, to Home Invasion Third Degree, the least serious of these types of charges. MCL 750.110a. There are related but less severe charges (trespassing, entry without permission, etc.); however, this particular page focuses on specifically Home Invasion charges; to wit, Home Invasion First Degree.

Home Invasion First Degree is a felony “punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.” MCL 750.110a (5). This may be enhanced if a person is charged as a habitual offender.

As the Model Jury Instruction explains, in order to prove this charge beyond a reasonable doubt, the prosecutor must show the following:

(1) The defendant is charged with home invasion in the first degree.1 To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant broke into a dwelling. It does not matter whether anything was actually broken; however, some force must have been used. Opening a door, raising a window, and taking off a screen are all examples of enough force to count as a breaking. Entering a dwelling through an already open door or window without using any force does not count as a breaking.

(3) Second, that the defendant entered the dwelling. It does not matter whether the defendant got [his / her] entire body inside. If the defendant put any part of [his / her] body into the dwelling after the breaking, that is enough to count as an entry.

[Choose (4)(a) or (4)(b) as appropriate.]

(4) Third,

(a) that when the defendant broke and entered the dwelling, [he / she] intended2 to commit [state offense] .3

(b) that when the defendant entered, was present in, or was leaving the dwelling, [he / she] committed the offense of [state offense] .3

(5) Fourth, that when the defendant entered, was present in, or was leaving the dwelling, either of the following circumstances existed:

(a) [he / she] was armed with a dangerous weapon, and/or

(b) another person was lawfully present in the dwelling.

Crim. JI. 25.2a. There is a variation of these instructions if the defendant allegedly “entered without permission” to commit the alleged Home Invasion, First Degree. Crim. JI. 25.2c

Home Invasion First Degree, for the purposes of sentencing scoring, is considered to be a very serious offense; scored on a B “grid,” (Solicitation of Murder, for example, is scored on an A grid, while more minor felony charges are scored on G or F grids). Because of the alleged assault element, it is classified as a “Crime Against A Person.”
Unless there are some very usual circumstances which would result in a very low score, people are usually looking at substantial prison terms for their minimum possible sentence, i.e., their earliest possible parole date, if convicted of Home Invasion First Degree. Their maximum sentence starts at twenty years and goes up if they were convicted as a habitual offender. Ultimately, a person’s possible sentence depends on their scoring and the alleged facts of the case.
Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.
For information on the Michigan charge, “Uttering & Publishing,” click here.
For information Michigan’s Armed Robbery Charge, click here.
For information on Michigan’s Unarmed Robbery charge, click here.
For information on Michigan’s Breaking & Entering charge, click here.
For information on Michigan’s embezzlement charge, click here.
For information on Michigan’s charge, Home Invasion, Third Degree, click here.
For information on Michigan’s charge, Home Invasion, Second Degree, click here.
For information on Michigan’s charge, Larceny from a Building, click here. Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

Michigan Criminal Law: Theft/Larceny Crimes, Uttering & Publishing

Uttering & Publishing

Financial crimes and theft offenses are a significant portion of a typical Michigan court’s criminal docket. Financial transactions are conducted through a variety of methods, and most of those methods are typically regulated by the Federal and State government. In particular, checks, notes, and other negotiable instruments are vital components in this process. Michigan’s Forgery & Counterfeiting section of the penal code, MCL 750.48 et. al. is broad in scope and encompasses a wide variety of financial transaction devices.

In particular, Uttering & Publishing, MCL 750.249, is the title of a felony that is frequently charged against people who seek to fraudulently present checks, money-orders, or other negotiable instruments. As noted in MCL 750.249 (1);
“A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing listed in section 248 knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years.”

If, for example, someone alters or presents a false account number of a check and presents it for payment, they may be charged with this offense. There are a lot of very sophisticated check-writing programs out there. It is not particularly complicated to forge a check.

Further, people who steal checks and try to cash them are often charged with Uttering & Publishing as well. There are numerous potential examples and variations of alleged behavior which could trigger this charge because the statutory language is broadly interpreted.

Uttering & Publishing is classified as an “E” class, for the purposes of Michigan’s sentencing guidelines. This means that in terms of the guidelines, the possible minimum sentences and maximum minimum sentences are lower than higher classified felonies with a similar maximum penalty. The possible penalty ranges for Uttering & Publishing are comparable to people who get convicted of certain types of felonies punishable by up to five years in prison. For more information on Michigan’s sentencing guidelines, please click here.

This specific classification, in terms of the penalty ranges, was probably done by design. The facts behind this type of charge are often non-violent. Anecdotally, it seems that this is the type of charge that involves a significant percentage of people who are financially desperate due to addiction, family pressures, or other stress; but with little prior criminal history. Of course, there are plenty of people with terrible records who have been convicted of this charge as well. However, given the unique type of alleged behavior and the broadly worded statute, anecdotally, there seems to be a higher population of people involved with this type of charge, in comparison to other serious felony charges, who otherwise, have no experience with the criminal justice system.

Restitution is often a big issue with these charges. It makes sense that the Michigan legislature would provide courts with more flexible mechanisms to better allow convicted individuals the opportunity to work and pay off their restitution. Sentences for Uttering & Publishing tend to be considerably more lenient than other felonies punishable by ten years or more in prison because of how it is classified.

However, is still a significant felony charge with a maximum possible penalty, without habituals, of up to fourteen years in prison. See MCL 750.249. Even with the lower classification, people do go to prison if they are convicted of this charge, depending on their alleged facts and prior criminal history.

As a theft offense, there are collateral consequences that go well beyond the courts if a person is convicted of this charge. A conviction for this type of charge, for example, may bar someone from working in certain professions or make it nearly impossible to find employment.

Uttering & Publishing is also considered a “crime against dishonesty.” As noted in the Michigan Rules of Evidence, convictions involving a “crime against dishonesty,” may be used against someone by an opposing lawyer if they ever testify in another court-proceeding to attack their credibility.

Other examples of “crimes against dishonesty” include, among others, retail fraud, first degree, embezzlement, or other similar charges.

Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide and have proven ourselves with excellent results for past clients who were charged with a litany of different theft offenses. For a free initial consultation, feel free to contact us at (517) 507-5077.

For information Michigan’s Armed Robbery Charge, click here.
For information on Michigan’s Unarmed Robbery charge, click here.
For information on Michigan’s Breaking & Entering charge, click here.
For information on Michigan’s embezzlement charge, click here.
For information on Michigan’s charge, Home Invasion, Third Degree, click here.
For information on Michigan’s charge, Home Invasion, Second Degree, click here.
For information on Michigan’s charge, Home Invasion, First Degree, click here.
For information on Michigan’s charge, Larceny from a Building, click here.

Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.

If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

Michigan Criminal Law: Theft/Larceny Crimes; Retail Fraud, Third Degree

Loss and theft prevention is a big issue for retailers. Stores, especially larger chains, often have advanced surveillance, loss-prevention employees, and train their staff in techniques designed to deter or minimize losses from theft. However, even with all of these measures, theft offenses still cost larger retailers millions of dollars in losses and these cases still comprise a significant portion of a local court’s misdemeanor docket.

“Retail Fraud, Third Degree”, MCL 750.356 (5), MCL 750.356d (4) is often charged against people who allegedly “shop-lift” merchandise from merchants and retailers when the value of the allegedly stolen merchandise is under $200.00. This offense may also be charged as some variation based on a local municipal ordinance; however, the possible maximum punishments are often similar.

This is a misdemeanor punishable upon conviction by up to ninety-three days in jail, “a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater,” MCL 750.356 (5), MCL 750.356d (4) costs, restitution, probation up to two years, or other sanctions at the court’s discretion.

In general terms, this particular charge, MCL 750.356 (5), MCL 750.356d (4) is the least severe of the theft offenses. However, it is considered a “crime against dishonesty,” and as a theft offense, there are collateral consequences that go well beyond the courts if a person is convicted of this charge.

If a person has a prior conviction for retail fraud third degree, they may be charged with retail fraud second degree if the amount is under $200.00 if they are charged with a later offense.

As noted in the Michigan Rules of Evidence, convictions involving a “crime against dishonesty,” may be used against someone by an opposing lawyer if they ever testify in another court-proceeding to attack their credibility.

A conviction for this type of charge, for example, may also impact a person’s ability to find work in certain fields. A lot of employers, especially those professions involving the financial industry, may be deeply concerned about an applicant or employee if they have this type of conviction on their record.

If convicted, as a misdemeanor, it could stay on a person’s record for a long period of time.

However, certain people, especially younger alleged offenders between the ages of 17-20 who are interested in potentially pleading guilty may be eligible for diversionary programs such the Holmes Youthful Trainee Act (see MCL 762.11-762.16), which, if completed, could keep a conviction from being entered in their public record. Diversionary programs often require probation and generally need to be negotiated through the plea-bargaining process prior to any trials.

Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.

For information on Michigan’s charge “Uttering & Publishing,” click here.
For information on the Felony charge under Michigan Law, Retail Fraud, First Degree, click here.
For information on the less severe, misdemeanor charge called, under Michigan law, Retail Fraud, Second Degree, click here.

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.

If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

 

Michigan Criminal Law: Theft/Larceny Crimes; Retail Fraud, First Degree

Loss and theft prevention is a big issue for retailers. Stores, especially larger chains, often have advanced surveillance, loss-prevention employees, and train their staff in techniques designed to deter or minimize losses from theft. However, even with all of these measures, theft offenses still cost larger retailers millions of dollars in losses and these cases still comprise a significant portion of a local court’s misdemeanor docket.

“Retail Fraud, First Degree”, MCL 750.356 (3) & MCL 750.356c, is most severe offense out of the “retail fraud charges,” is a felony, and carries much more significant sanctions for conviction than retail fraud second or third degree, MCL 750.356 (4) & (5) and MCL 750.356d. It is often charged against people allegedly “shop-lift” merchandise from merchants and retailers when the value of the allegedly stolen merchandise has a value over $1,000.00.
If the accused individual already has a prior conviction for retail fraud second degree, MCL 750.356 (4), they may be charged with retail fraud first degree even if the value is between $200.00 and $1000.00 pursuant to MCL 750.356c (2).
The maximum possible penalties for a conviction may include “imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine.” MCL 750.356c. Further, since it is a felony charge, a convicted individual could also face up to five years of probation as well or other sanctions at the court’s discretion.
In general terms, retail fraud first-degree is the most severe of the “retail fraud” charges. It is also considered a “crime against dishonesty.” As with any theft offense, and as with any felony, there are collateral consequences that go well beyond the courts if a person is convicted of this charge.
As noted in the Michigan Rules of Evidence, convictions involving a “crime against dishonesty” may be used against someone by an opposing lawyer if they ever testify in another court-proceeding to attack their credibility.
A conviction for this type of charge, for example, may also impact a person’s ability to find work in certain fields. A lot of employers, especially those professions involving the financial industry, may be deeply concerned about an applicant or employee if they have this type of conviction on their record.
Since it is felony charge, a felony conviction would impact a person in ways beyond what is listed here.
If convicted, as a felony, it could stay on a person’s record for a long period of time.
However, certain people, especially younger alleged offenders between the ages of 17-20 who are interested in potentially pleading guilty may be eligible for diversionary programs such the Holmes Youthful Trainee Act (see MCL 762.11-762.16), which, if completed, could keep a conviction from being entered in their public record. Diversionary programs often require probation and generally need to be negotiated through the plea-bargaining process prior to any trials.

Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.

For information on Michigan’s charge “Uttering & Publishing,” click here.

For information on the less severe, misdemeanor charge called, under Michigan law, Retail Fraud, Second Degree, click here.

For information on the less severe, misdemeanor charge called, under Michigan law, Retail Fraud, Third Degree, click here.
Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.

Michigan Criminal Law: Theft/Larceny Crimes; Retail Fraud, Second Degree

Loss and theft prevention is a big issue for retailers. Stores, especially larger chains, often have advanced surveillance, loss-prevention employees, and train their staff in techniques designed to deter or minimize losses from theft. However, even with all of these measures, theft offenses still cost larger retailers millions of dollars in losses and these cases still comprise a significant portion of a local court’s misdemeanor docket.

“Retail Fraud, Second Degree”, MCL 750.356 (4), is more severe offense than retail fraud third degree, MCL 750.356 (5), and is often charged against people who allegedly “shop-lift” merchandise from merchants and retailers when the value of the allegedly stolen merchandise has a value over $200.00 and less than $1,000.00.
If the accused individual already has a prior conviction for retail fraud third degree, MCL 750.356 (5), they may be charged with retail fraud second degree even if the value is under $200.00 pursuant to MCL 750.356 (4)(b).
Retail fraud, second degree a misdemeanor punishable upon conviction by “imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine,” MCL 750.356 (4),costs, restitution, probation up to two years, or other sanctions at the court’s discretion.
In general terms, this particular charge MCL 750.356 (4) carries significantly greater sanctions for a conviction than a retail fraud third degree. However, it is not as severe as some of the other theft offenses which will be discussed in later posts because it is still a considered a misdemeanor. It is also considered a “crime against dishonesty.” As with any theft offense, there are collateral consequences that go well beyond the courts if a person is convicted of this charge.
As noted in the Michigan Rules of Evidence, convictions involving a “crime against dishonesty” may be used against someone by an opposing lawyer if they ever testify in another court-proceeding to attack their credibility.
A conviction for this type of charge, for example, may also impact a person’s ability to find work in certain fields. A lot of employers, especially those professions involving the financial industry, may be deeply concerned about an applicant or employee if they have this type of conviction on their record.
If convicted, as a misdemeanor, it could stay on a person’s record for a long period of time.
However, certain people, especially younger alleged offenders between the ages of 17-20 who are interested in potentially pleading guilty may be eligible for diversionary programs such the Holmes Youthful Trainee Act (see MCL 762.11-762.16), which, if completed, could keep a conviction from being entered in their public record. Diversionary programs often require probation and generally need to be negotiated through the plea-bargaining process prior to any trials.

Our dedicated and experienced attorneys frequently represent clients on a variety of different charges, including Retail Fraud, Second Degree. For a free initial consultation, feel free to call us at (517) 507-5077.

For information on Michigan’s charge “Uttering & Publishing,” click here.
For information on the Felony charge under Michigan Law, Retail Fraud, First Degree, click here.
For information on the less severe, misdemeanor charge called, under Michigan law, Retail Fraud, Third Degree, click here.

Disclaimer: This blog-post is only general legal advice. If you need specific legal advice, please privately consult with a lawyer. Circumstances vary significantly depending on the alleged facts.

 

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