THEFT CRIMES EXPLAINED

There are many types of theft crimes under Michigan law that can be charged as either a misdemeanor or felony. Two main factors often determine whether a theft crime is charged as misdemeanor to felony. These factors are the value of the property alleged to have been stolen and/or whether physical force was used. In many cases, if the item alleged to have been stolen is valued over $1,000, then it will likely be charged as a felony. If the alleged theft took place with the use of force or violence, then it will likely be charged as a felony. If you are being accused of a theft crime, then it is important to know that police, prosecutors, and judges do not take these cases lightly. People in these positions are not your friends and speaking to anyone before speaking to an attorney can have disastrous consequences.

There are certain theft crimes that can be charged as either misdemeanors or felonies depending on the circumstances. Theft crimes that can be charged as misdemeanors or felonies that are based on value include:

• Retail Fraud (Shoplifting) 
• Larceny 
• Embezzlement 
• Receiving and Concealing stolen property

Generally, when the item alleged to have been stolen is valued at $1,000 or more, then a felony will be charged. If the item alleged to have been stolen is valued below $1,000, then a misdemeanor will be charged. You can also be charged with a theft crime if you did not steal the item in question. It is a crime to knowingly receive stolen property. If you are accused of receiving stolen property, then it will be charged as a misdemeanor if the stolen property is valued at less than $1,000 and will be charged as a felony if the property is valued at $1,000 or more. 

Some theft crimes are only charged as felonies: 

• Financial Transaction Device (illegal credit card usage) 
• Uttering and Publishing (writing or passing bad checks) 
• Unlawful Driving Away of an Automobile, UDAA (Grand Theft Auto) 
• Carjacking 
• Home Invasion 
• Identity Theft 
• Unarmed Robbery 
• Armed Robbery 
• Larceny in a Building 

The only common theft crime that can only be a misdemeanor is Joyriding. Joyriding is using a car without permission, but without the intent to steal the car. If prosecutors believe that you intended to steal the car, then the charge would be enhanced to unlawful driving away of an automobile, aka grand theft auto.

If you are being investigated or have been charged with one of the above crimes, then it is crucial that you seek the advice of an experienced criminal defense attorney as soon as possible. It is critical that you understand what is being alleged against you and how that allegation can change your life. If you have not been criminally charged yet, then hiring an attorney may help you avoid being charged at all. 

WHAT HAPPENS WHEN SOMEONE IS CONVICTED OF A THEFT CRIME?

Jail/Prison: If someone is convicted of a theft crime, then that person could go to jail or prison. Several jail and prison sentences exist depending on the theft crime alleged. If an individual is accused of stealing something valued at more than $1,000, then they could go to prison for up to five years. If someone is convicted of uttering and publishing or forgery, then they face up to 14 years in prison. Judges have wide latitude when determining jail or prison sentences for theft crime convictions.

Probation: Probation is an alternative to jail, and sometimes an additional sentence that comes with a theft crime conviction. While on probation for a theft crime, an offender will have to follow strict guidelines and rules, such as staying alcohol or drug free. The individual will be assigned a probation agent who will monitor them and make sure they are in full compliance with the terms of their probation. Any violations of probation can result in lengthy jail or prison sentences.

Restitution: Theft crime cases often require some form of restitution to be paid to the alleged victim. A judge can order an individual to pay back any money that was stolen from a victim due to the theft to make them whole. 

Fines: Theft crime convictions can also result in significant fines. A first-degree retail fraud conviction can result in a fine of up to $10,000. A conviction for conspiracy to conduct a criminal enterprise carries a fine of up to a $100,000, while a conviction for residential mortgage fraud carries a fine of up to a $500,000. 

Other: A theft crime conviction can hurt you in other ways such as losing your job, being unable to get a job, and the possible suspension and/or revocation of any professional licenses you may have. If you are a professional such as a doctor, lawyer, or anyone that needs a state license to practice, then a theft crime charge puts your license at risk.

LEGAL DEFENSES TO THEFT CRIMES

There are several potential defenses that exist for theft crimes. Prosecutors are required to that any theft crime was intentional. To prove this, a prosecutor must show that you had a criminal intent to commit a theft crime and intended to steal. The prosecutor will attempt to do this by using all available evidence they have to try to convince the court that you specifically intended to commit a theft crime.  

You can’t be guilty of stealing something that is yours. If you can prove that the item in question was actually, or that your reasonable honest belief was that the item was yours, then this can be used as a defense. Another common defense is mistake. If it is shown that the alleged act was an accident and/or without a criminal intent, then you could potentially avoid a theft crime conviction. 

If the government violated your Constitutional rights, then you can bring those claims before a judge to potentially have the evidence obtained against you and your case thrown out. An experienced criminal defense attorney will use the answers to these and other questions to help you determine your best potential legal defenses.

THE MY MICHIGAN LEGAL DIFFERENCE

To be convicted of a theft crime, the prosecutor must show that you were involved in the theft, fraud, or other criminal activity that is being alleged. Has there been a mistake? Were you even involved? What is the other side of this story? To present your best defense, these are just some of the questions you will have to answer. At My Michigan Legal, we pride ourselves on not limiting your defense to simply trying to explain the prosecutor’s version of events. We defend cases by going on offense, by advancing your version of events backed up by our in-depth investigations and sound legal research. 

WHAT IF I HAVE MORE QUESTIONS?

If you or someone you love is facing an accusation of a theft crime, then you will likely have a number of questions. Finding a website like this one can be a great resource, but it is not a substitute for the advice of an experienced criminal defense attorney. If you have questions about your situation, then contact us at My Michigan Legal today.

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