Property crimes is an all-encompassing term for crimes that involve stolen and/or destroyed property. Property crimes include theft, burglary, arson, and carjacking.

In Michigan, property crimes are punished severely. As such, it is critical to have an experienced criminal defense attorney on your side who is knowledgeable, and tenacious.

 

THEFT

In Michigan, the term larceny is used for crimes involving theft – when an individual takes another person’s property without permission for their own use.

Additionally, there are two categories of larceny offenses – misdemeanor and felony. In Michigan, whether or not the offense is a misdemeanor or a felony will depend on the monetary value of the stolen property.

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Misdemeanor Larceny

 

Property Valued Under $200.00

 

If the property stolen is valued at less than $200.00, then if convicted, the person will be guilty of a misdemeanor punishable by up to 93 days imprisonment and/or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater. Michigan Penal Code §750.356(5).

 

Property Valued At $200.00 - $1,000.00

 

If the property stolen is valued between $200.00 and $1,000.00, or if the person steals property valued at less than $200.00 AND has one or more convictions for committing or attempting to commit larceny, the person will be guilty of a misdemeanor punishable by up to 1 years imprisonment and/or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater. Michigan Penal Code §750.356(4).

 

Felony Larceny

Property Valued At $1,000.00 - $20,000.00

 

If the property stolen is valued between $1,000.00 and $20,000.00, or if the person steals property valued between $200.00 and $1,000.00 AND has a prior larceny conviction, the person will be guilty of a felony punishable by up to 5 years imprisonment and/or a fine of not more than $10,000.00 or 3 times the value of the property stolen, whichever is greater. Michigan Penal Code §750.356(3).

 

Property Valued At More Than $20,000.00

 

If the property stolen is valued at $20,000.00 or more, or if the person steals property valued at valued between $1,000.00 and $20,000.00 AND has two or more prior larceny convictions, the person will be guilty of a felony punishable by up to 10 years imprisonment and/or a fine of not more than $15,000.00 or 3 times the value of the property stolen, whichever is greater. Michigan Penal Code §750.356(2).

 

BURGLARY

In Michigan, burglary is synonymous with breaking and entering and home invasion. Michigan has a numerous breaking and entering laws, and the punishment for home invasion will depend on whether the person is charged with a first, second, or third degree home invasion offense.

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First Degree

A person may be charged with first degree home invasion if there is evidence that:

 

• A person breaks and enters a dwelling with intent to commit a felony, larceny, or assault; OR

• A person enters a dwelling without permission with intent to commit a felony, larceny, or assault; OR

• A person breaks and enters a dwelling without permission and commits a felony, larceny, or assault while entering, present in, or exiting the dwelling; AND

• The person is armed with a dangerous weapon; OR

• Another person is lawfully present in the dwelling.

 

If convicted of first degree home invasion the person will be guilty of a felony punishable by up to 20 years of imprisonment and/or up to a $5,000.00 fine. Michigan Penal Code §750.110a(2).

Second Degree

A person may be charged with second degree home invasion if there is evidence that:

 

• A person breaks and enters a dwelling with intent to commit a felony, larceny, or assault; OR

• A person enters a dwelling without permission with intent to commit a felony, larceny, or assault; OR

• A person breaks and enters a dwelling without permission and commits a felony, larceny, or assault while entering, present in, or exiting the dwelling.

 

If convicted of second degree home invasion the person will be guilty of a felony punishable by up to 15 years of imprisonment and/or up to a $3,000.00 fine. Michigan Penal Code §750.110a(3).

 

Third Degree

A person may be charged with third degree home invasion if there is evidence that:

 

• A person breaks and enters a dwelling with intent to commit a misdemeanor; OR

• A person enters a dwelling without permission with intent to commit a misdemeanor; OR

• A person breaks and enters a dwelling without permission and commits a misdemeanor while entering, present in, or exiting the dwelling; OR

• A person breaks and enters a dwelling or enters without permission and violates their probation, parole term, a personal protection order, and/or bond condition.

 

If convicted of second degree home invasion the person will be guilty of a felony punishable by up to 5 years of imprisonment and/or up to a $2,000.00 fine. Michigan Penal Code §750.110a(4).

 

Entering Without Breaking

Another common burglary crime in Michigan is entering without breaking. This means entering a premises without forceful entry.

A person who enters any dwelling (house, office, store, etc.), any structure, or any private apartment, with the intent to commit a felony or larceny is guilty of a felony punishable by up to 5 years imprisonment or up to a $2,500.00 fine. Michigan Penal Code §750.115.

 

ARSON

Arson is a very serious crime in Michigan. There are five degrees of arson, and other than forth degree arson, Michigan defines arson as the willful and malicious burning of property.

 

First Degree

First degree arson is when a person willfully or maliciously burns, damages, or destroys by fire or explosive the following structures:

• A multiunit building;

• Any building or structure if the fire or explosion results in a physical injury to any person;

• A mine.

First degree arson is a felony and can be punishable by life imprisonment, and/or up to a $20,000.00 fine or 3 times the value of the property damaged or destroyed, whichever is greater. Michigan Penal Code §750.72.

 

Second Degree

Second degree arson is when a person willfully or maliciously burns, damages, or destroys by fire or explosive a dwelling regardless of whether it is occupied, unoccupied, or vacant.

Second degree arson is a felony and can be punishable by up to 20 years imprisonment, and/or up to a $20,000.00 fine or 3 times the value of the property damaged or destroyed, whichever is greater. Michigan Penal Code §750.73.

 

Third Degree

Third degree arson is when a person willfully or maliciously burns, damages, or destroys by fire or explosive a dwelling regardless of whether it is occupied, unoccupied, or vacant, and willfully or maliciously burns damages or destroys by fire or explosive any of the following:

• Any personal property having a value of $20,000.00 or more;

• Any personal property having a value of $1,000.00 or more, and if the person has one or more prior conviction.

Third degree arson is a felony and can be punishable by up to 10 years imprisonment, and/or up to a $20,000.00 fine or 3 times the value of the property damaged or destroyed, whichever is greater. Michigan Penal Code §750.74.

Fourth Degree

Fourth degree arson is when a person willfully or maliciously burns, damages, or destroys by fire or explosive:

• Any personal property having a value between $1,000.00 and $20,000.00;

• Any personal property having a value of $200.00 or more, and if the person has one or more prior conviction.

It is also classified as fourth degree arson if a person willfully or negligently sets fire to a woods, prairie, or grounds of another person or allows fire to pass from his or her own woods, prairie, or grounds to another person's property causing damage or destruction to that other property.

Fourth degree arson is a felony and can be punishable by up to 5 years imprisonment, and/or up to a $10,000.00 fine or 3 times the value of the property damaged or destroyed, whichever is greater. Michigan Penal Code §750.75.

Fifth Degree

Fifth degree arson is when a person intentionally damages, or destroys by fire or explosive any personal property having a value of $1,000.00 or less, and if the person has one or more prior conviction.

Fifth degree arson is a misdemeanor and can be punishable by up to 1 year imprisonment, and/or up to a $2,000.00 fine or 3 times the value of the property damaged or destroyed, whichever is greater. Michigan Penal Code §750.74.

 

Defenses

Due to the lasting impact of a firearm or weapons convictions, you will need an aggressive and experienced attorney on your side. Ray Law provides rigorous legal defense, and will fight to mitigate the impact of the drug charge. 

Ray Law will expose the weakness of the prosecution’s case. Such weaknesses can include illegally obtained evidence, improper policing, baseless warrants, and the prosecutor’s erroneous interpretation of the law.

 

Immigration Impact

If you are charged with a crime, and are not a U.S. Citizen, the criminal charge alone may negatively impact your immigration status and/or your ability to apply for non immigrant and/or immigrant status.

Under immigration law, a weapon offense or guilty plea, itself, can subject a person to deportation proceedings. Additionally, if any criminal matter is expunged or dismissed, police report(s) and court disposition will always be required, regardless of the age of the offense.

A weapon offense should always be taken seriously. If not handled properly, a weapon offense can significantly negatively impact your life.

You will need the Ray Law advantage, and the expertise of our attorneys to properly and successfully handle your case. We will fight to ensure that the weapon offense will not negatively impact your record. 

Ray Law International specializes in both criminal and immigration law. Here at Ray Law we have the best attorneys to represent you in the court of law, as well as the best attorneys to successfully represent you through the immigration process. 

 

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Use the Ray Law Advantage!!!