Michigan defines “larceny” as stealing property that belongs to another. The Michigan Penal Code contains several theft and larceny offenses. For example, under MCL 750.356, an individual can be charged with either a misdemeanor or a felony if they commit a larceny, depending on the value of the property stolen. If the individual steals the property from a dwelling, they might also be charged with Larceny in a Building.
Larceny in a Building occurs when you steal from a dwelling described in MCL 750.360. This very broad statute includes dwelling such as homes, stores, hotels, schools, churches, locker rooms, or any other building used by the public. In order to prove larceny from a building, the prosecution has to demonstrate the following:
- An actual or constructive taking of goods or property;
- A carrying away or asportation;
- The carrying away must be with felonious intent;
- The subject matter must be the goods or the personal property of another;
- The taking must be without the consent and against the will of the owner; and
- It must be done within the confines of a dwelling, as described in the statute.
People v. Mumford, 171 Mich.App. 514 (1988). Therefore, an individual can be charged with Larceny in a Building regardless of the amount of the property stolen. Breaking and entering into the dwelling is also not necessary to be charged under the statute. If proven, the offense constitutes a felony, punishable with imprisonment of up to four years.
An experienced attorney can help you prepare your case and defenses, which may include consent or mistake. Our skilled attorneys at La Grasso, Abdo & Silveri can help you prepare a defense and represent you in court. Finding resolution that can keep someone’s criminal record clean and keep you out of jail may be available. If you would like to set up a consultation to discuss your case further, please contact us or call (586) 413-7777 at your earliest convenience.