In the State of Michigan, there are a wide range of criminal actions that encompass the term “property crime,” ranging from serous offenses to petty theft. This blog contains a list of some of the more commonly charged property related crimes in the State of Michigan. This list of common charges does not encompass all possible property related offenses. The common theme across all property crimes includes an allegation that the accused took, altered, entered, removed, destroyed, or otherwise deprived the property owner of their property without the owner’s permission. Often times in a property crime case, the victim or “complainant” has a direct financial loss and is eager to seek prosecution. Prosecutors and judges take property crimes seriously and the penalties imposed can be harsh. It is vital that anyone charged with a property crime in Michigan seeks the assistance of a qualified and experienced criminal defense attorney.
Common Property Crimes Prosecuted in Michigan
Arson
Arson is defined as the intentional setting of a fire to some type of property and includes a multitude of degrees, depending on the type of property and the extent of damage to that property.
Arson in the First Degree - punishable by up to imprisonment for life or any term of years and/or a fine of up to $20,0-00.00, or 3 times the value of the property damaged or destroyed, whichever is greater. Arson in the First Degree can be prosecuted based on the following:
Multiunit Building - The crime of Arson in the First Degree of a multiunit building requires the intentional act of burning, damaging, or destroying by fire or explosive a small portion of a multiunit building where one or more units in that building is used as a dwelling (i.e., a residence). If any part of the property is burned, that is all that is necessary to qualify as "burning," there is no requirement for the amount of damage for this offense. "Burn" is defined as setting fire to or doing any act that results in the starting of a fire, or aiding, counseling, inducing, persuading, or procuring another to do such an act. "Damage," in addition to its ordinary meaning, includes, but is not limited to, charring, melting, scorching, burning, or breaking.
Building and Physical Injury - a charge of Arson in the First Degree can also be predicated on damage to a building or physical injury. This charge requires proof that the accused intended to or created a very high risk of burning, damaging, or destroying by fire or explosive any part of a building, structure, or other real property or any of its contents, and as a result of the fire or explosion, an individual was physically injured. This includes any injury to emergency responders, law enforcement, or firefighters.
Arson in the Second Degree - punishable by up to 20-years of imprisonment and/or a fine of up to $20,000.00, or 3 times the value of the property damaged or destroyed, whichever is greater. Arson in the Second Degree requires the willful or malicious act of burning, damaging, or destroying by fire or explosive a small portion of a dwelling (i.e., a residence), regardless of whether the dwelling is occupied, unoccupied, or vacant.
Arson in the Third Degree - punishable by up to 10-years of imprisonment and/or a fine of up to $20,000.00, or 3 times the value of the property damaged or destroyed, whichever is greater. Arson in the Third Degree can be prosecuted based on the following:
Building or Structure - requires the willful or malicious act of burning, damaging, or destroying by fire or explosive any building or structure, or its contents, regardless of whether the building or structure is occupied, unoccupied, or vacant at the time of the fire or explosion. There is no dwelling requirement for Arson in the Third Degree.
Personal Property - requires the act of willful or maliciously burning, damaging, or destroying by fire or explosive any personal property having a value of $20,000.00 or more, or the property has a value of $1,000.00 or more and the accused has 1 or more prior arson convictions.
Arson in the Fourth Degree – punishable by imprisonment for up to 5-years and/or a fine of up to $10,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater. Arson in the Second Degree pertains to personal property and requires the willful or malicious act of burning, damaging, or destroying by fire or explosive any personal property valued at $1,000.00 or more but less than $20,000.00, or any personal property valued at $200.00 or more and the accused has 1 or more prior arson convictions.
Arson of Insured Property – carries variable degrees of punishment, depending on whether the insured property is a dwelling, building or structure, or personal property. However, the crime of Arson of Insured Property requires that the accused caused the fire or explosion with the intent to defraud an insurer.
Dwelling - Arson of an Insured Dwelling is punishable by up to imprisonment for life or any term of years and/or a fine of up to $20,000.00, or 3 times the value of the property damaged or destroyed, whichever is greater.
Building or Structure - Arson of an Insured Building or Dwelling is punishable by up to 20-years of imprisonment and/or a fine of up to $20,000.00, or 3 times the value of the property damaged or destroyed, whichever is greater.
Personal Property - Arson of Insured Personal Property is punishable by up to 10-years of imprisonment and/or a fine of up to $20,000.00, or 3 times the value of the property damaged or destroyed, whichever is greater.
Embezzlement
Embezzlement is another type of property crime that involves the accused converting or stealing all or part of someone's property or money for their personal use, after being entrusted with that property or money. The focus of an embezzlement charge is that the accused had legal access to the property or money, but did not have the legal right or permission to convert the property or money for their own use. Embezzlement can occur in a variety of situations, but the most common or well known set of facts involves an employee trusted with access to employer funds pocketing some or all of those funds without the employer's permission. In Michigan, embezzlement is prosecuted and the punishments vary according to the value or type of property embezzled, as well as the position of the accused.
Embezzlement of Property Belonging to Another Person:
Property/Money up to $200.00 - punishable by up to 93-days in jail and/or a fine of up to $500.00 or 3 times the value of the property or money embezzled, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit embezzlement or if the victim is a non-profit corporation, the penalty increases to up to 1-year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Property/Money valued more than $200.00 but less than $1,000.00 - up to 1-year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property or money embezzled, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit embezzlement or if the victim is a non-profit corporation, the penalty increases to a felony punishable by up to 5-years of imprisonment and/or a fine of up to $10,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Property/Money valued more than $1,000.00 but less than $20,000.00 - this is a felony punishable by up to 5-years of imprisonment and/or a fine of up to $10,000.00 or 3 times the value of the property or money embezzled, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit embezzlement or if the victim is a non-profit corporation, the offense is punishable by up to 10-years of imprisonment and/or a fine of up to $15,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Property/Money valued more than $20,000.00 but less than $50,000.00 - this is a felony punishable by up to 10-years of imprisonment and/or a fine of up to $15,000.00 or 3 times the value of the property or money embezzled, whichever is greater. However, if the accused has 2 or more prior convictions for committing or attempting to commit embezzlement or if the victim is a non-profit corporation, the offense is punishable by up to 15-years of imprisonment and/or a fine of up to $25,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Property/Money valued more than $50,000.00 but less than $100,000.00 - this is a felony punishable by up to 15-years of imprisonment and/or a fine of up to $25,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Property/Money valued more than $100,000.00 - this is a felony punishable by up to 20-years of imprisonment and/or a fine of up to $50,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
The value of the money or other personal property embezzled in separate incidents pursuant to a scheme or course of conduct within a 12-month period may be aggregated and the total financial value embezzled increase, resulting in a higher embezzlement charge and potential penalty. However, if the scheme or course of conduct of the embezzlement is directed at only 1 person, governmental entity, or other legal entity, there is no time-limit to the aggregation of financial loss and the resulting increase in an embezzlement charge.
Embezzlement by Public Officer, Agent or Servant - requires that any person holding any public office in Michigan, or the agent or servant of any such person, knowingly and unlawfully appropriate to his/her own use, or to the use of any other person, money or property valued at $50.00 or more, and that money or property is received by him/her in their official capacity or employment. This is a felony punishable by up to 10-years of imprisonment and/or a fine of up to $5,000.00.
Embezzlement of Mortgaged Property - requires that the accused intend to defraud, embezzle, or fraudulently remove, conceal, or dispose of property entrusted to the accused by the victim, subject to an encumbrance (i.e., mortgage, security agreement, lease, purchase agreement) that has not yet been fulfilled. In other words, the accused is entrusted with personal property or money, such as a vehicle subject to a loan and the accused stops paying on that loan and takes other action to dispose of the mortgaged property, such as selling the vehicle. Proof that the accused sold the mortgaged goods without paying the mortgaged debt creates a presumption of intent to defraud. The penalties for the embezzlement of a mortgaged property can vary from a misdemeanor offense to a felony offense. This will depend on the dollar amount of the mortgaged property.
Property/Money up to $200.00 - punishable by up to 93-days in jail and/or a fine of up to $500.00 or 3 times the value of the property or money embezzled, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit embezzlement the penalty increases to up to 1-year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Property/Money valued more than $200.00 but less than $1,000.00 - up to 1-year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property or money embezzled, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit embezzlement the penalty increases to a felony punishable by up to 5-years of imprisonment and/or a fine of up to $10,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Property/Money valued more than $1,000.00 but less than $20,000.00 - this is a felony punishable by up to 5-years of imprisonment and/or a fine of up to $10,000.00 or 3 times the value of the property or money embezzled, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit embezzlement the offense is punishable by up to 10-years of imprisonment and/or a fine of up to $15,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Property/Money valued at $20,000.00 or more - this is a felony punishable by up to 10-years of imprisonment and/or a fine of up to $15,000.00 or 3 times the value of the property or money embezzled, whichever is greater.
Forgery
Forgery allegations often involve a complicated set of facts regarding checks, contracts, promissory notes, deeds, and other paperwork. The legal elements of a forgery charge involve an act that results in the making of a false or alteration of an instrument, an act that makes the instrument appear to be what it is not, and concurrent intent to defraud or injury. Importantly, the intent to defraud is an essential element of the crime. There is no requirement that there be a signature, fictitious or otherwise, before something is considered a forgery and the crime does not require proof that someone suffered a loss. A forgery is considered to be completed when the accused falsely makes any writings provided for in the statute with the intent to deceive, in a manner that exposes another to a loss. Some legal defenses that apply to a forgery charge include lack of knowledge that the document was forged, lack of capacity to mislead the other party, lack of intent to injure or defraud, coercion or duress, authority to make the instrument or a good faith belief that the accused had such authority, and lastly consent. A forgery charge is a felony punishable by up to 14-years of imprisonment. There are a variety of different possible forgery and counterfeiting charges detailed in Chapter 41 of the Michigan Penal Code.
Larceny
Larceny is another commonly charged property crime in Michigan and involves a variety of different possible charges and statutes, depending on the specific situation. The basic elements of a larceny charge include that the accused took someone else's property; the property was taken without consent; there was some movement of the property; at the time the property was taken, the defendant intended to permanently deprive the owner of the property; and the property had a fair market value of a certain sum at the time it was taken. Common defenses include claim of right to the property, accident, lack of specific intent to permanently deprive the owner of his or her property, and consent of the owner to take the property. The penalty for a larceny conviction depends on the value of the property at the time it was taken, with the penalty varying from a misdemeanor to a felony.
Property valued up to $200.00 - punishable by up to 93-days in jail and/or a fine of up to $500.00 or 3 times the value of the property taken, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit larceny the penalty increases to up to 1-year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property taken, whichever is greater.
Property valued more than $200.00 but less than $1,000.00 - up to 1-year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property taken, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit larceny the penalty increases to a felony punishable by up to 5-years of imprisonment and/or a fine of up to $10,000.00 or 3 times the value of the property taken, whichever is greater.
Property valued more than $1,000.00 but less than $20,000.00 - up to 5-years in prison and/or a fine of up to $10,000.00 or 3 times the value of the property taken, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit larceny the penalty increases to a felony punishable by up to 10-years of imprisonment and/or a fine of up to $15,000.00 or 3 times the value of the property taken, whichever is greater.
Property valued more than $20,000.00 - up to 10-years in prison and/or a fine of up to $15,000.00 or 3 times the value of the property taken, whichever is greater.
Larceny from a Person - requires that the accused commit the act of larceny, but the property was taken from a person or the person's immediate presence. "Immediate presence" means that the property was physically connected to the complainant/victim or was right next to him/her. This is a specific intent crime and requires proof that the accused intended to permanently deprive the owner of his/her property or goods. Larceny from a Person is a felony punishable by up to 10-years of imprisonment.
Larceny in a Building - requires that the accused commit the act of larceny, but that the property was taken from inside of a building and moved without the owner's consent. Buildings include a dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill, factory, hotel, school, barn, granary, ship, boat, vessel, church, house of worship, locker room or any building used by the public. Larceny in a Building is a felony punishable by up to 4-years of imprisonment.
Larceny from a Vehicle - requires that the accused commit the act of larceny, but that the property taken involves a wheel, tire, airbag, catalytic converter, radio, stereo, clock, telephone, computer, or electronic device, and that the property was taken from a motor vehicle, house trailer, trailer, or semitrailer without consent. The dollar value of the property taken is irrelevant in this charge, rather the focus is on the type of property alleged to have been taken. Larceny from a Vehicle is a felony punishable by up to 5-years of imprisonment and/or a fine up to $10,000.00.
Larceny by Trick - requires that the accused commit the act of larceny in one of two ways. First, the property was given to the accused for some limited, special, or temporary purpose but the owner never had the intention of actually giving the accused ownership of the property and the accused took the property in a way that the accused knew was not included in the original purpose by the owner; or, second, the accused obtained the property by using some trick or pretense. Larceny by Trick is a specific intent felony and carries the same penalties described above for general Larceny, depending on the value of the property taken.
False Pretenses - requires that the accused (1) used a pretense, (2) that he or she knew was false at the time he or she used it, (3) the accused intended to defraud or cheat someone, (4) another person relied on this pretense; (5) The person who relied on this pretense suffered a loss of value; and (6) the fair market value of the loss. Common defenses include accident and claim of right. Larceny is distinguished from a charge of false pretenses by the fact that in a larceny, only possession of the stolen property is transferred to the accused, whereas in a false pretenses charge, both possession and ownership are transferred intentionally to the accused. Importantly, false pretenses requires the specific intent to defraud. The false representation (pretense) can be made in almost any form, whether written, electronic, or verbal. The punishment for a false pretenses conviction depends on the value of the land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing sold or disposed of by the accused and separate incidents under a scheme or course of conduct may be aggregated over a 12-month time period to increase the possible criminal charge and corresponding penalty:
Land, Interest in Land, Money, Personal Property, Use of Instrument, Facility, Article or Valuable Item valued up to $200.00 - punishable by up to 93-days in jail and/or a fine of up to $500.00 or 3 times the value of the property, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit false pretenses the penalty increases to up to 1-year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property taken, whichever is greater.
Land, Interest in Land, Money, Personal Property, Use of Instrument, Facility, Article or Valuable Item valued more than $200.00 but less than $1,000.00 - up to 1-year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property, whichever is greater. However, if the accused has 1 or more prior convictions for committing or attempting to commit false pretenses the penalty increases to a felony punishable by up to 5-years of imprisonment and/or a fine of up to $10,000.00 or 3 times the value of the property taken, whichever is greater.
Land, Interest in Land, Money, Personal Property, Use of Instrument, Facility, Article or Valuable Item valued more than $1,000.00 but less than $20,000.00 - up to 5-years in prison and/or a fine of up to $10,000.00 or 3 times the value of the property, whichever is greater. However, if the accused has 2 or more prior convictions for committing or attempting to commit false pretenses the penalty increases to a felony punishable by up to 15-years of imprisonment and/or a fine of up to $25,000.00 or 3 times the value of the property taken, whichever is greater.
Land, Interest in Land, Money, Personal Property, Use of Instrument, Facility, Article or Valuable Item valued more than $20,000.00 but less than $50,000.00 - up to 15-years in prison and/or a fine of up to $25,000.00 or 3 times the value of the property taken, whichever is greater. However, if the accused has 2 or more prior convictions for committing or attempting to commit false pretenses the penalty increases to a felony punishable by up to 20-years of imprisonment and/or a fine of up to $35,000.00 or 3 times the value of the property taken, whichever is greater.
Land, Interest in Land, Money, Personal Property, Use of Instrument, Facility, Article or Valuable Item valued more than $50,000.00 but less than $100,000.00 - up to 20-years in prison and/or a fine of up to $35,000.00 or 3 times the value of the property taken, whichever is greater.
Malicious Destruction of Property (MDOP)
Malicious destruction of property can be charged when there is damage to any type of property, whether it be one’s personal property or a building, as long as there is the intention of the accused to damage that property. Malicious Destruction of Property can be charged in one of two ways, either the Malicious Destruction of Personal Property or the Malicious Destruction of a Building or Appurtenance Statutes (something permanently attached to the building). A MDOP charge requires that the accused destroyed or damaged property owned by another with the knowledge that it was wrong, without just cause or excuse for the damage, and with the intent to damage or destroy the property. Common defenses include accident, alibi, and mistake. Damages caused in separate incidents may be aggregated together if they were part of the same scheme or course of conduct within a 12-month period. The penalty for a MDOP of Personal Property or MDOP of a Building depends on the value of the property damaged:
Value of the property damaged up to $200.00 - punishable by up to 93 days of imprisonment and/or a fine of up to $500.00. However, if the accused has 1 or more prior convictions for committing or attempting to commit MDOP the penalty increases to up to 1-year of imprisonment and/or a fine of up to $2,000.00 or 3 times the value of the destruction or injury, whichever is greater.
Value of the property damaged more than $200.00 but less than $1,000.00 - punishable by up to 1-year of imprisonment and/or a fine of up to $2,000.00. However, if the accused has 1 or more prior convictions for committing or attempting to commit MDOP the penalty increases to up to 5-years of imprisonment and/or a fine of up to $10,000.00 or 3 times the value of the destruction or injury, whichever is greater.
Value of the property damaged more than $1,000.00 but less than $20,000.00 - punishable by up to 5-years of imprisonment and/or a fine of up to $10,000.00. However, if the accused has 2 or more prior convictions for committing or attempting to commit MDOP the penalty increases to up to 10-years of imprisonment and/or a fine of up to $15,000.00 or 3 times the value of the destruction or injury, whichever is greater.
Value of the property damaged more than $20,000.00 - punishable by up to 10-years of imprisonment and/or a fine of up to $15,000.00.
Robbery
Robbery is a serious criminal charge in the State of Michigan. As with the charge of larceny, robbery also involves taking someone else’s property. The difference between these two property crimes is that robbery involves the use or attempted use of some force or a weapon, or the fear that the accused instills in another in order to obtain possession of property. There are a variety of different robbery charges, listed below.
Unarmed Robbery - requires that the accused used force or violence, assaulted, or put another in fear while committing a larceny (the taking and movement of someone else's property or money with the intent to permanently deprive), and the victim or complainant was in the physical presence of the accused while the larceny was taking place. Use of force to take property is not always required, rather an unarmed robbery charge can be predicated on the use of force or violence to retain property previously taken. Common defenses include alibi, claim of right, and misidentification. Unarmed robbery is a felony punishable by imprisonment for up to 15-years.
Armed Robbery - In addition to the elements listed above for unarmed robbery, an armed robbery charge requires that the accused possessed a weapon designed to be dangerous and capable of causing death or serious injury; or possessed any other object capable of causing death or serious injury that the defendant used as a weapon; or possessed any other object used or fashioned in a manner that lead the person who was present to reasonably believe that it was a dangerous weapon; or orally represented that he or she was in possession of a weapon. In certain situations an additional element that the accused inflicted aggravated assault or serious injury to another while in the course of committing a larceny can predicate an armed robbery charge and increase the minimum punishment. Common defenses include alibi, claim of right, and misidentification. Armed robbery is a felony punishable by up to imprisonment for life or for any term of years. If aggravated assault or serious injury is inflicted, the accused is subject to a sentence enhancement of a minimum term of imprisonment of not less than 2-years.
Assault with Intent to Commit Robbery Being Armed - requires that the accused assaulted the victim/complainant; at the time of the assault the defendant was armed with a weapon designed to be dangerous and capable of causing death or serious injury, or possessed any other object capable of causing death or serious injury that the defendant used as a weapon, or possessed any other object used or fashioned in a manner that lead the person who was present to reasonably believe that it was a dangerous weapon; at the time of the assault the accused intended to commit a robbery, that is the permanent taking of money or property from the victim/complainant's presence. It is not necessary that the crime be completed or the accused have actually taken any money or property. Common defenses include alibi, claim of right, and misidentification. Assault with intent to commit robbery is no longer a lesser included offense of armed robbery. This crime is a felony punishable by imprisonment for life or any term of years.
Assault with Intent to Commit Robbery Being Unarmed - requires that the accused assaulted the victim/complainant with force or violence, and at the time of the assault the accused intended to commit a robbery. Similarly, it is not necessary that the crime be completed or the accused have actually taken any money or property. Common defenses include alibi, claim of right, and misidentification. Assault with intent to commit unarmed robbery is a felony punishable by up to 15-years of imprisonment.
Carjacking - requires that the accused used force or violence, threatened the use of force or violence, assaulted, or put a victim/complainant in fear while in the course of committing a larceny of a motor vehicle. "In the course" includes acts that occur in an attempt to commit a larceny, during the commission of the larceny, in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the motor vehicle. Common defenses include alibi, claim of right, misidentification, duress, and necessity. Carjacking is a felony punishable by up to life imprisonment or for any term of years. A conviction for carjacking may result in a sentence to run consecutively to any other sentence imposed for a conviction that arises under the same transaction.
Automobile Theft
Unlawfully Driving Away an Automobile (UDAA) - requires that the accused took possession (drove or took) a vehicle that belonged to someone else without authority or the owner's permission and intended to take the vehicle without authority knowing that he or she did not have authority to take the vehicle and drive it away. It does not matter whether the defendant intended to keep the vehicle. Importantly, anyone who assists in the taking possession of the vehicle or assists in driving or taking away a vehicle knowing that the vehicle was unlawfully possessed can also be found guilty of UDAA if the assistance was given with the intention of helping another commit this crime. UDAA is a felony punishable by up to 5-years of imprisonment.
Use of an Automobile Without Authority and Without Intent to Steal - requires that the accused used a vehicle that belonged to someone else without their authority and the accused intended to use the vehicle knowing that he or she did not have authority to do so. Notably, anyone who assists in using a vehicle is also guilty of this crime if he or she gave the assistance knowing that the person who was taking or using it did not have the authority to do so. This is a general intent crime, meaning that the prosecution does not need to prove intent other than the intent to do the act itself. This crime is punishable by up to 2-years of imprisonment or a fine of not more than $1,500.00; however, in a case of a first offense the court may reduce the punishment to imprisonment for not more than 3-months or a fine of not more than $500.00.
Spencer M. Bondy & Property Crime Charges
I have represented and protected numerous clients from allegations involving the property crimes in the State of Michigan. As stated above, this blog does not encompass all possible property related criminal charges in the State of Michigan, but rather the more common property related charges. I have consistently obtained outstanding results for my clients facing property related criminal charges. If you or a loved one are facing a property related criminal charge, please contact me today.
