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How Can I Defend Against Theft Charges in Michigan?

A larceny conviction can result in significant penalties and legal repercussions. If you are facing theft charges in Michigan, it is important that you understand the best ways to defend yourself. Contact a Marquette theft lawyer for more information and to obtain skilled representation today.

How is Theft Defined in Michigan?

Under Michigan law, there are several types of theft crimes including larceny, embezzlement, shoplifting, and robbery. While there are many kinds of theft offenses, larceny is the main crime and most closely resembles “theft” in other states. Larceny is the most basic theft crime in MI and is the building block for more serious theft offenses like robbery.

In Michigan, a person commits larceny if they unlawfully take possession of another person’s property including money, goods, documents, and more. It is the illegal taking and carrying away of someone else’s property with the intent to permanently deprive the owner of the item.

There are four main elements that make someone guilty of larceny. If you are facing related charges, the prosecution must prove the following to convict you of your charges.

  1. You took someone else’s property
  2. You did not have the owner’s consent to take the property
  3. The property was moved in some way
  4. You intended to permanently deprive the owner of the property

A conviction of larceny can result in significant penalties that will vary depending on the circumstances of the situation, namely the value of the property that was taken. Understanding the defensive strategies that can effectively work against theft charges is imperative.

How Can I Defend Against Theft Charges in MI?

Understanding how to build your case and defend yourself against your charges is crucial to avoid the penalties associated with a conviction. Jail time, fines, and a criminal record can all have lasting effects on your life, career, and relationships.

Remember the four elements that must be proven to result in a conviction. The best defenses will counter one or more of those points. Consider the following defenses when building your case.

  • Lack of intent: You did not have the intention of permanently depriving the owner of the property
  • Mistake of fact: You honestly believed that the property belonged to you or that you had the right to take it
  • Consent: You had or believed that you had consent from the owner to take the property, whether the permission was explicit or implicit
  • Duress: You were forced to commit the theft because another person or entity was threatening you or another person with violence or blackmail
  • Entrapment: You were tricked or convinced to commit the crime by law enforcement and would not have done it otherwise

Work with an experienced attorney to discover how you can implement the above and more defenses in your case.

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