Common Defenses to Larceny Charges

Robbery, theft, and larceny are all legal terms used to describe the crime of stealing something that belongs to someone else. While some other states use the term “theft” to describe this crime, Michigan statutes continue to refer to the crime of taking someone else’s property as “larceny.” Facing larceny charges differs from a robbery charge because larceny does not involve the use or threat of force.

The severity of punishments imposed for a larceny conviction varies depending on the value of the property stolen, and may include jail time, fines and court costs, and having a permanent criminal record. Collateral consequences include difficulty finding a job or place to live, loss of a professional license and, for non-citizens, immigration consequences such as loss or denial of an immigration visa or green card, denial of an application for citizenship, or deportation.

Fortunately, people charged with larceny in Michigan have various defenses available. However, these defenses are not always obvious, and you will benefit from working with a skilled and experienced Michigan theft defense attorney.

Elmen Legal is located in Ann Arbor and exclusively represents people charged with crimes throughout Michigan. Criminal defense attorney Robert Elmen provides comprehensive legal advice and aggressive representation to people charged with crimes throughout Michigan. Contact Elmen Legal today to schedule a free, confidential, and no-obligation appointment to discuss your situation and how Attorney Elmen can help.

What Is Larceny in Michigan?

Michigan law identifies different categories of larceny based on the value of the stolen items.

• Theft of items valued at more than $1,000 is felony larceny and is punishable by up to 10 years in prison and a fine of up to $15,000 or 3x the value of the items stolen, whichever is greater.
• If the value of the stolen items is less than $1,000, the crime is charged as misdemeanor larceny and is punishable by up to 1 year in prison and a fine of $2,000 or 3x the value of the stolen items.

Common Defenses to Larceny Charges

Here are some of the most common defenses to Michigan larceny charges.

Lack of Intent

Lack of intent is a common defense against larceny charges. The prosecution must prove the defendant intended to steal the item in order to secure a conviction for larceny. By showing the defendant had no such intent—for example, they had the owner's permission to borrow the item or genuinely intended to return it—the prosecution will be unable to meet its burden of proof. Mistake or misunderstanding regarding ownership can indicate a lack of intent and serve as a powerful defense against larceny charges.

Claim of Ownership

The defense of ownership demonstrates that the defendant had a good-faith belief they were the rightful owner of the item in question, even if that belief is later shown to be incorrect.

Consent

A defendant can avoid a theft conviction by showing the property owner consented to the defendant's use of the property. To succeed, the defendant must show that the owner willingly agreed to the defendant's actions, as consent must be given freely and without coercion.

Alibi

A defendant who claims to have an alibi must demonstrate they were somewhere else at the time the alleged crime occurred, making it impossible for them to have committed the theft. The alibi defense often relies on witness testimony, surveillance footage, phone or GPS records, receipts, or other documentation that confirms the defendant’s presence at a different location. By raising an alibi defense, a defendant can create reasonable doubt in the prosecution’s case and can be a powerful tool for securing an acquittal.

Flawed Valuation

The severity of the punishment for a larceny charge is determined by the value of the stolen item. Challenging the item's value can lead to less severe charges.

Mistaken Identity

Mistaken identity is a common defense against larceny charges, particularly when eyewitness testimony is central to the prosecution's case. A skilled defense attorney can effectively challenge the reliability of a witness's account or scrutinize the methods used by law enforcement to identify the defendant.

Return of Property

In certain circumstances, an individual can avoid larceny charges by returning the stolen property. However, if you have already been charged with larceny, do not return the property until you have consulted with your lawyer.

Your Defense Against Michigan Larceny Charges

When an individual is charged with larceny in Michigan, the importance of securing experienced defense counsel cannot be overstated. Defense attorney Robert Elmen can investigate the charges, provide thoughtful advice and strategic legal guidance, and build a compelling defense to protect your rights.