As a seasoned criminal defense attorney in Michigan, D.G. Moore has successfully defended countless clients facing larceny and theft-related charges under the Michigan Penal Code. With extensive courtroom experience and deep knowledge of Michigan’s legal system, Attorney Moore is committed to providing accurate, insightful, and effective defense strategies.
MCL Chapter LII Larceny Laws in Michigan
Larceny is a serious theft-related offense under Michigan law, defined as unlawfully taking and carrying away someone else’s tangible property with the intent to permanently deprive the rightful owner of it.
Larceny is a criminal offense that can be charged as a misdemeanor or felony, depending on the value of the stolen property and circumstances of the crime. Larceny can be a felony punishable by up to 10 years in prison. Ordinary larceny is a misdemeanor punishable by no more than one year in jail if the value of the stolen property is under a certain threshold.
What Are the Different Types of Larceny in Michigan?
The Michigan Penal Code (Chapter LII) outlines several distinct larceny crimes, including general theft, larceny from a person, and others:
| Larceny Offense | Michigan Penal Code Section | Description |
|---|---|---|
| Larceny (General Theft) | MCL 750.356 | Unlawfully taking and carrying away another person’s property with the intent to permanently deprive them of it. |
| Larceny from a Person | MCL 750.357 | Stealing property directly from someone’s person, such as pickpocketing or snatching a wallet. |
| Larceny in a Building | MCL 750.360 | Stealing property from inside a home, store, office, or public building. |
| Larceny by False Pretenses | MCL 750.362 | Obtaining someone else’s property by deception, fraud, or misrepresentation. |
| Larceny of a Firearm | MCL 750.356c | Stealing a gun or firearm, which is a felony regardless of value. |
| Larceny of Livestock | MCL 750.356a | Stealing farm animals, including cattle, sheep, horses, and pigs. |
| Larceny at a Fire or Disaster | MCL 750.360 | Stealing from a burning building, crime scene, or disaster area. |
| Retail Fraud (Shoplifting) | MCL 750.356d | Stealing from a retail store, switching price tags, or returning stolen goods for a refund. |
Michigan MCL Section 750.356 Larceny Laws and Penalties
Larceny under MCL 750.356 is charged based on the value of the stolen property:
| Value of Stolen Property | Charge | Penalties |
|---|---|---|
| Less than $200 | Misdemeanor | Up to 93 days in jail & $500 fine |
| $200 – $1,000 | Misdemeanor | Up to 1 year in jail & $2,000 fine |
| $1,000 – $20,000 | Felony | Up to 5 years in prison & $10,000 fine |
| $20,000 – $50,000 | Felony | Up to 10 years in prison & $15,000 fine |
| $50,000 – $100,000 | Felony | Up to 15 years in prison & $25,000 fine |
| More than $100,000 | Felony | Up to 20 years in prison & $50,000 fine |
Repeat Offender Penalties: If you have prior larceny convictions, penalties may be enhanced with additional prison time and fines.
The prosecution must prove the elements of larceny beyond a reasonable doubt to secure a conviction.
Section 750.356c – Larceny of a Firearm: Stealing Firearm
Stealing a firearm or gun in Michigan is a felony with severe consequences:
- Prison Time: Up to 5 years
- Fines: Up to $2,500
- Permanent Criminal Record: A felony conviction impacts gun rights, employment, and housing opportunities.
Important: Unlike other larceny charges, the value of the firearm does not matter—stealing any gun is automatically a felony.
Section 750.357 – Larceny from a Person
This offense covers larceny from the person, a felony involving the theft of property directly from a victim’s body or immediate presence, such as pickpocketing, purse snatching, and direct theft from someone’s body.
- Felony charge
- Penalty: Up to 10 years in prison
Key Takeaway:* Stealing directly from a person is treated more severely than general larceny because it creates a risk of physical harm.*
Larceny vs. Other Theft Crimes in Michigan: What’s the Difference?
Many people confuse larceny with related theft offenses. However, Michigan law makes key distinctions between these crimes.
| Theft Crime | Definition | Key Difference from Larceny |
|---|---|---|
| Larceny | Unlawful taking of personal property with intent to permanently deprive the owner. | Involves tangible property, must be taken physically. |
| Robbery | Theft using force, threats, or intimidation. | Direct confrontation with the victim is required. |
| Burglary | Entering a building with intent to commit a crime. | Focuses on unauthorized entry, not just theft. |
| Fraud | Deceiving someone to unlawfully gain money or property. | No physical taking, relies on deception. |
| Embezzlement | Misappropriating money/property entrusted to you. | The person had legal access but stole the funds. |
Key Takeaway: Larceny is not the same as robbery or burglary—it requires physically taking someone’s property without force or deception.
Understanding Aggravating Factors in Larceny Cases: Prior Convictions
Certain circumstances can increase penalties for larceny crimes. These aggravating factors include:
Stealing from a Vulnerable Person – Theft from elderly individuals, disabled persons, or minors can lead to enhanced penalties.
Use of a Weapon – While larceny does not involve force, possessing a weapon during the act may escalate charges to armed robbery.
Theft from a Public Institution – Stealing from government buildings, schools, or nonprofit organizations may lead to harsher sentences.
Multiple Prior Convictions – If an individual has previous theft-related convictions, the court may enhance sentencing.
Pro Tip:* If facing larceny charges with aggravating factors, contact a criminal defense attorney immediately to explore possible defenses.*
How Michigan Larceny Laws Apply to Digital Theft
While traditional larceny involves physical property, Michigan courts have increasingly applied larceny laws to digital theft, including:
- Stealing Digital Assets – If someone takes and resells digital goods (e.g., NFTs, cryptocurrency, or online business assets), they may be charged under MCL 750.356.
- Data Theft from an Employer – Downloading confidential company files for personal use or profit may be considered larceny in a building (MCL 750.360).
- Identity Theft Leading to Larceny – If someone steals financial information and unlawfully withdraws money, they may face both larceny and fraud charges.
Legal Implications: As cybercrime evolves, courts are adapting larceny statutes to cover modern forms of digital theft.
How a Larceny Conviction Can Impact Your Future
A larceny conviction in Michigan can have long-term consequences beyond fines and jail time.
| Consequence | How It Affects You |
|---|---|
| Criminal Record | Felony or misdemeanor convictions remain on your record permanently. |
| Employment Issues | Many employers conduct background checks, making it harder to get hired. |
| Housing Challenges | Landlords may deny rental applications due to theft-related offenses. |
| Professional Licenses | Certain careers (law, medicine, finance) require clean records—larceny charges may lead to disqualification. |
| Firearm Restrictions | A felony conviction results in losing gun ownership rights under federal law. |
Key Tip: If convicted of larceny, expungement may be possible under Michigan law to clear your record.
Defenses Against Larceny Charges in Michigan: Reasonable Doubt
In Michigan, common defenses against larceny charges focus on the prosecution’s inability to prove specific elements, including lack of intent, consent, mistake, and claim of right.
If you are charged with larceny, an experienced criminal defense attorney can challenge the prosecution’s case. Common defenses include:
| Legal Defense | How It Works |
|---|---|
| Lack of Intent | You did not intend to permanently deprive the owner of their property. |
| Mistaken Identity | You were wrongly accused or misidentified. |
| Consent Given | The alleged victim allowed you to take the property. |
| Ownership Dispute | The item belonged to you or was in your lawful possession. |
| Illegal Search & Seizure | The police violated your Fourth Amendment rights during the investigation. |
How to Beat a Larceny Charge in Michigan
If you’re facing larceny charges, an experienced criminal defense lawyer can use several strategies to fight your case:
✔ Lack of Intent – If you had no intention to permanently deprive the owner, theft cannot be proven.
✔ Mistaken Identity – If no witnesses saw you commit the crime, your attorney may challenge the evidence.
✔ Consent Defense – If you had permission to take the item, larceny charges do not apply.
✔ Ownership Dispute – If you believed the property was yours, the prosecution must prove otherwise.
✔ Illegal Search & Seizure – If police violated your rights, evidence may be inadmissible in court.
Next Steps: If you’ve been charged with larceny, call a criminal defense attorney immediately to start building your case.
Can You Get Larceny Charges Expunged in Michigan?
Under Michigan’s Clean Slate Act, certain larceny convictions may be eligible for expungement, meaning they can be removed from your record.
| Type of Larceny | Expungement Eligibility |
|---|---|
| Misdemeanor Larceny (Under $1,000) | ✅ Eligible after 3 years |
| Felony Larceny (Over $1,000) | ✅ Eligible after 5 years, unless habitual offender |
| Multiple Larceny Convictions | ❌ More than 2 felonies are NOT eligible |
Key Takeaway: If eligible, expunging your record can help restore job, housing, and financial opportunities.
What to Do If You Are Charged with Larceny in Michigan
If you are facing larceny charges in Michigan, take the following steps immediately:
- Do Not Speak to Police Without a Lawyer – Anything you say can be used against you.
- Do Not Discuss Your Case on Social Media – Prosecutors can use your posts as evidence.
- Hire an Experienced Criminal Defense Attorney – A skilled lawyer can fight the charges or negotiate reduced penalties.
Why Choose D.G. Moore to Defend Against Larceny Charges?
✔ Decades of Criminal Defense Experience
✔ Proven Track Record of Case Dismissals
✔ Personalized Defense Strategies
✔ Aggressive Representation in Michigan Courts
Call D.G. Moore at (269) 808-8007 Now for a Free Consultation
FAQs About Larceny in Michigan
Is Larceny a Felony Punishable in Michigan?
It depends on the value of the stolen property.
- Less than $1,000 → Misdemeanor
- More than $1,000 → Felony
Can Larceny Charges Be Dropped?
Yes, charges can be dropped or reduced if:
- The evidence is weak
- The prosecution cannot prove intent
- Your rights were violated during the investigation
Is Shoplifting the Same as Larceny?
Yes, but shoplifting is specifically called “Retail Fraud” under Michigan law (MCL 750.356d).
What Is the Statute of Limitations for Larceny in Michigan?
- Misdemeanor Larceny: 6 years from the date of the crime
- Felony Larceny: 6 years, but longer if fraud or deception is involved
Can I Go to Jail for Petty Theft in Michigan?
Yes. Even for petty theft (under $200), you can spend up to 93 days in jail.
