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Theft
Offense / Burglary
Theft and burglary involve the taking of something
of another, including property or services, without
consent. Although theft can be referred to by
several different terms, such as theft by fraud,
larceny, robbery and shoplifting, these crimes
all generally consist of a taking without consent.
Not only can theft convictions result in very
serious sentences but they also may result in
a person being branded as a liar and a thief for
life. Not only can you be put in jail or prison,
you may also be required to pay what is known
as restitution. This means that you could be required
to pay back whatever you were alleged to have
taken. You could spend years of your life paying
off a restitution debt. It could affect your credit
ability to buy a car or home or raise your family.
Imagine how much your life would be affected if
you were convicted of, for example, an identity
theft crime because of a misunderstanding.
If you have been charged with a theft crime,
you need the assistance of an experienced attorney.
At Johnson Law Group, we have experience defending
these types of crimes. Many of our attorneys used
to be police and prosecutors themselves. There
is, however, a reason they are criminal defense
lawyers now. We know how the police will investigate
the theft you are accused of, and we will know
how to mount a strong defense to any theft, robbery
and burglary charge.
Put our experience to work for you in Michigan.
Contact
us to discuss the theft charges against
you.
We Fight to Win!
Retail Fraud
(1) A person who does any of the following in
a store or in its immediate vicinity is guilty
of retail fraud in the first degree, a felony
punishable by 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:
(a) While a store is open to the public, alters,
transfers, removes and replaces, conceals, or
otherwise misrepresents the price at which property
is offered for sale, with the intent not to pay
for the property or to pay less than the price
at which the property is offered for sale, if
the resulting difference in price is $1,000.00
or more.
(b) While a store is open to the public, steals
property of the store that is offered for sale
at a price of $1,000.00 or more.
(c) With intent to defraud, obtains or attempts
to obtain money or property from the store as
a refund or exchange for property that was not
paid for and belongs to the store, if the amount
of money or the value of the property obtained
or attempted to be obtained is $1,000.00 or more.
(2) A person who violates section 356d(1) and
who has 1 or more prior convictions for committing
or attempting to commit an offense under this
section or section 218, [FN1] 356, [FN2] 356d(1)
[FN3], or 360 [FN4] is guilty of retail fraud
in the first degree. For purposes of this subsection,
however, a prior conviction does not include a
conviction for a violation or attempted violation
of section 218(2) or (3)(b) or section 356(4)(b)
or (5).
(3) The values of 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 the total
value involved in the offense under this section.
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Larceny
M.C.L.A. 750.356
(1) A person who commits larceny by stealing
any of the following property of another person
is guilty of a crime as provided in this section:
(a) Money, goods, or chattels.
(b) A bank note, bank bill, bond, promissory
note, due bill, bill of exchange or other bill,
draft, order, or certificate.
(c) A book of accounts for or concerning money
or goods due, to become due, or to be delivered.
(d) A deed or writing containing a conveyance
of land or other valuable contract in force.
(e) A receipt, release, or defeasance.
(f) A writ, process, or public record.
(2) If any of the following apply, the person
is guilty of a felony punishable by imprisonment
for not more than 10 years or a fine of not more
than $15,000.00 or 3 times the value of the property
stolen, whichever is greater, or both imprisonment
and a fine:
(a) The property stolen has a value of $20,000.00
or more.
(b) The person violates subsection (3)(a) and
has 2 or more prior convictions for committing
or attempting to commit an offense under this
section. For purposes of this subdivision, however,
a prior conviction does not include a conviction
for a violation or attempted violation of subsection
(4)(b) or (5).
(3) If any of the following apply, the person
is guilty of a felony punishable by imprisonment
for not more than 5 years or a fine of not more
than $10,000.00 or 3 times the value of the property
stolen, whichever is greater, or both imprisonment
and a fine:
(a) The property stolen has a value of $1,000.00
or more but less than $20,000.00.
(b) The person violates subsection (4)(a) and
has 1 or more prior convictions for committing
or attempting to commit an offense under this
section. For purposes of this subdivision, however,
a prior conviction does not include a conviction
for a violation or attempted violation of subsection
(4)(b) or (5).
(4) If any of the following apply, the person
is guilty of 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 of the property
stolen, whichever is greater, or both imprisonment
and a fine:
(a) The property stolen has a value of $200.00
or more but less than $1,000.00.
(b) The person violates subsection (5) and has
1 or more prior convictions for committing or
attempting to commit an offense under this section
or a local ordinance substantially corresponding
to this section.
(5) If the property stolen has a value of less
than $200.00, the person is guilty of a misdemeanor
punishable by imprisonment for not more than 93
days or a fine of not more than $500.00 or 3 times
the value of the property stolen, whichever is
greater, or both imprisonment and a fine.
(6) The values of property stolen in separate
incidents pursuant to a scheme or course of conduct
within any 12-month period may be aggregated to
determine the total value of property stolen.
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Robbery
M.C.L.A. 750.530
(1) A person who, in the course of committing
a larceny of any money or other property that
may be the subject of larceny, uses force or violence
against any person who is present, or who assaults
or puts the person in fear, is guilty of a felony
punishable by imprisonment for not more than 15
years.
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Armed Robbery
M.C.L.A. 750.529
A person who engages in conduct proscribed under
section 530 [FN1] and who in the course of engaging
in that conduct, possesses a dangerous weapon
or an article used or fashioned in a manner to
lead any person present to reasonably believe
the article is a dangerous weapon, or who represents
orally or otherwise that he or she is in possession
of a dangerous weapon, is guilty of a felony punishable
by imprisonment for life or for any term of years.
If an aggravated assault or serious injury is
inflicted by any person while violating this section,
the person shall be sentenced to a minimum term
of imprisonment of not less than 2 years.
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Carjacking
M.C.L.A. 750.529a
(1) A person who in the course of committing
a larceny of a motor vehicle uses force or violence
or the threat of force or violence, or who puts
in fear any operator, passenger, or person in
lawful possession of the motor vehicle, or any
person lawfully attempting to recover the motor
vehicle, is guilty of carjacking, a felony punishable
by imprisonment for life or for any term of years.
(2) As used in this section, "in the course
of committing a larceny of a motor vehicle"
includes acts that occur in an attempt to commit
the larceny, or during commission of the larceny,
or in flight or attempted flight after the commission
of the larceny, or in an attempt to retain possession
of the motor vehicle.
(3) A sentence imposed for a violation of this
section may be imposed to run consecutively to
any other sentence imposed for a conviction that
arises out of the same transaction.
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Buying
or Selling Stolen Property
M.C.L.A. 750.535
(1) A person shall not buy, receive, possess,
conceal, or aid in the concealment of stolen,
embezzled, or converted money, goods, or property
knowing, or having reason to know or reason to
believe, that the money, goods, or property is
stolen, embezzled, or converted.
(2) If any of the following apply, a person
who violates subsection (1) is guilty of a felony
punishable by imprisonment for not more than 10
years or a fine of not more than $15,000.00 or
3 times the value of the property purchased, received,
possessed, or concealed, whichever is greater,
or both imprisonment and a fine:
(a) The property purchased, received, possessed,
or concealed has a value of $20,000.00 or more.
(b) The property purchased, received, possessed,
or concealed has a value of $1,000.00 or more
but less than $20,000.00, and the person has 2
or more prior convictions for committing or attempting
to commit an offense under this section. For purposes
of this subdivision, however, a prior conviction
does not include a conviction for a violation
or attempted violation of subsection (4)(b) or
(5).
(3) If any of the following apply, a person
who violates subsection (1) is guilty of a felony
punishable by imprisonment for not more than 5
years or a fine of not more than $10,000.00 or
3 times the value of the property purchased, received,
possessed, or concealed, whichever is greater,
or both imprisonment and a fine:
(a) The property purchased, received, possessed,
or concealed has a value of $1,000.00 or more
but less than $20,000.00.
(b) The property purchased, received, possessed,
or concealed has a value of $200.00 or more but
less than $1,000.00, and the person has 1 or more
prior convictions for committing or attempting
to commit an offense under this section. For purposes
of this subdivision, however, a prior conviction
does not include a conviction for a violation
or attempted violation of subsection (4)(b) or
(5).
(4) If any of the following apply, a person
who violates subsection (1) is guilty of 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 of the property purchased, received,
possessed, or concealed, whichever is greater,
or both imprisonment and a fine:
(a) The property purchased, received, possessed,
or concealed has a value of $200.00 or more but
less than $1,000.00.
(b) The property purchased, received, possessed,
or concealed has a value of less than $200.00,
and the person has 1 or more prior convictions
for committing or attempting to commit an offense
under this section or a local ordinance substantially
corresponding to this section.
(5) If the property purchased, received, possessed,
or concealed has a value of less than $200.00,
a person who violates subsection (1) is guilty
of a misdemeanor punishable by imprisonment for
not more than 93 days or a fine of not more than
$500.00 or 3 times the value of the property purchased,
received, possessed, or concealed, whichever is
greater, or both imprisonment and a fine.
(6) The values of property purchased, received,
possessed, or concealed in separate incidents
pursuant to a scheme or course of conduct within
any 12- month period may be aggregated to determine
the total value of property purchased, received,
possessed, or concealed.
(7) A person shall not buy, receive, possess,
conceal, or aid in the concealment of a stolen
motor vehicle knowing, or having reason to know
or reason to believe, that the motor vehicle is
stolen, embezzled, or converted. A person who
violates this subsection is guilty of a felony
punishable by imprisonment for not more than 5
years or a fine of not more than $10,000.00 or
3 times the value of the motor vehicle purchased,
received, possessed, or concealed, whichever is
greater, or both imprisonment and a fine. A person
who is charged with, convicted of, or punished
for a violation of this subsection shall not be
convicted of or punished for a violation of another
provision of this section arising from the purchase,
receipt, possession, concealment, or aiding in
the concealment of the same motor vehicle. This
subsection does not prohibit the person from being
charged, convicted, or punished under any other
applicable law.
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