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.
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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.