Property crimes involve theft, destruction, or unlawfully using someone else’s property. In Michigan, these offenses range from misdemeanor shoplifting to serious felony charges like arson or home invasion. Below are some of the most commonly charged property crimes.
Larceny (Theft)
Larceny is stealing property belonging to another person. Theft can involve anything from shoplifting a small item to embezzling large sums of money. The penalties depend on the property value, ranging from three months in jail to a decade in prison, plus hefty fines.
Certain aggravating factors, like prior theft convictions or stealing from a vulnerable person, can increase the charges and penalties.
Burglary and Home Invasion
Burglary is commonly charged as home invasion in Michigan. This charge involves entering a dwelling without permission, typically with the intent to commit a crime inside. Michigan recognizes three degrees of home invasion:
- First-degree home invasion involves entering a dwelling with the intent to commit a felony. The perpetrator must be armed, or someone must be present in the dwelling. This is a felony punishable by up to 20 years in prison.
- Second-degree home invasion covers entry with intent to commit a felony, larceny, or assault, even if no one is home. This is punishable by up to 15 years in prison.
- Third-degree home invasion generally applies to unauthorized entry with intent to commit a misdemeanor or in violation of probation/parole terms. This carries a maximum sentence of five years.
Arson
Arson is the willful and malicious burning of property. This includes homes, buildings, vehicles, or personal property. The penalties vary depending on the type of property and whether anyone was harmed. Penalties range from five years for “reckless burning” up to life in prison for arson causing injury or burning a dwelling.
Malicious Destruction of Property
If you’re accused of intentionally damaging someone else’s property, you could face charges for malicious destruction of property. Prosecutors must show that you acted with malice or intent, not that the damage happened accidentally.
The specific charge and punishment depend on the value of the damaged property, ranging from three months in jail to 10 years in prison. Separate, connected events, prior convictions, or a domestic relationship also affect the potential punishments.
Retail Fraud (Shoplifting)
Retail fraud is Michigan’s legal term for shoplifting. There are three degrees, punishable by up to five years in prison. You can also face retail fraud charges for switching price tags or attempting to obtain a refund for items you didn’t buy.
Possession of Burglary Tools
Possessing tools with the intent to commit burglary can lead to property crime charges. Under Michigan law, possessing tools like crowbars, lock picks, or other implements commonly used to force entry, intending to use them for theft, is a felony. A conviction can result in up to 10 years in prison.
Receiving and Concealing Stolen Property
You can also face charges for possessing or concealing stolen items, even if you didn’t commit the theft. The penalties for receiving stolen property are similar to those for larceny, based on the property’s value. To convict, the prosecution must show that you knew or had reason to believe the property was stolen.
Discuss Your Case with a Michigan Criminal Defense Attorney
Even a misdemeanor conviction can result in jail time, fines, and a permanent criminal record. Property crime cases often hinge on specific legal definitions, value thresholds, and intent, so working with an experienced criminal defense attorney is key.
DeBruin Law, PLLC, can explain your options and build a defense that protects your future. Contact us to discuss your case in a confidential consultation.