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Larceny and Related Crimes, Receiving and Concealing Stolen Property
The Michigan Penal Code contains several crimes pertaining to theft or larceny of property or under circumstances when person knows, or should know, he or she is in possession of stolen property. Larceny or theft related crimes are consistently high on the list of crimes committed in Michigan. Listed below are other prevalent theft related crimes on the books in Michigan:
| Theft Related Crime | Maximum Michigan Penalty |
| Forgery uttering and publishing | 14 years |
| False pretenses | Varies from 93 days to 20 years |
| Embezzlement | Varies from 93 days to 20 years |
| Motor vehicle theft (UDAA) | 5 years imprisonment |
| Theft of motor vehicle parts (tires, radio) | 5 years imprisonment |
| Larceny from a building | 4 years imprisonment |
Penalties for Larceny and Receiving and Concealing Stolen Property
The penalty for larceny and the crime of receiving and concealing stolen property in Michigan depends upon the value of the substantiated property or money involved. Charges and corresponding penalties may depend on whether the economic crime involves a single incident or a series of incidents over a period of time. In the discretion of the prosecutor, separate incidents may be pursued as multiple criminal offenses or aggregated (added together) to support a single more serious charge. Charges are escalated to a felony when the claimed loss is $1,000.00 or more.
| Value of Property or Money Involved | Maximum Michigan Penalty |
| $20,000 or more | 10 years imprisonment and/or fine $15,000 |
| $1,000 to $20,000 | 5 years imprisonment and/or fine $10,000 |
| $200 to $1,000 | 1 year imprisonment and/or fine $2,000 |
| Under $200 | 93 days jail and/or fine $500 |
Triple penalty, restitution: In addition to possible incarceration, most economic crimes in Michigan (larceny, receiving/concealing stolen property, embezzlement, false pretenses), including those against a vulnerable adult, can carry a financial penalty of up to 3x the amount of money or property obtained by the offender. In addition, the court can order payment of restitution to any victim for losses attributed to the conduct of the offender. Losses may also include accounting costs which are attributed to the economic crime. Restitution may also include reimbursement to third parties such as insurance companies.
Receiving and Concealing Stolen Property
The laws which make it crime to receive stolen property are intended to discourage possession and/or purchasing stolen property. In Michigan, the penalties for receiving stolen property are based upon the value of the property (same as larceny statutes). Innocent possession of stolen property without knowledge that it is stolen is not a crime. In trials for receiving stolen property the jury is instructed to consider such things as:
- The price paid for the property
- What the defendant (accused) said about the property
- Whether the defendant (accused) knows the seller of the property and has a receipt
- Whether the property was concealed (hidden)
- Whether identification marks or serial number(s) were removed from property
Legal Strategies and Potential Dispositions in the Court System
Larceny and receiving/concealing stolen property are classified as “property crimes” within the Michigan Sentence Guidelines and are considered non-violent offenses. However, a conviction for a theft related crimes has negative implications of dishonesty which can jeopardize future opportunities. Losing personal rights is also a factor when a person is convicted of a crime. For example, gun possession is forbidden under State and Federal laws for a person convicted of a felony. Fortunately, various dispositions in the legal system may be possible to lessen the harshest consequences, and in some cases, have the case dismissed and sealed.
- HYTA for offenders ages 18-25 to get dismissal & seal record
- Negotiating a delayed sentence for leniency after a period of probation
- Reduction of a felony to a misdemeanor (retain gun rights)
- Consolidation of multiple charges for possible later expungement
- Seeking diversion and consent calendar for juveniles
- Pre-charge negotiating with victim or law enforcement agency
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