How Does Michigan Penalize Embezzlement?

If you are facing embezzlement charges in Michigan, understanding the state’s laws and how the crime is penalized is crucial in protecting your rights. Continue reading and contact a knowledgeable Upper Peninsula criminal defense lawyer today.

What is Embezzlement?

Embezzlement is a white-collar crime that involves the theft or unlawful use of funds or property. When a person is entrusted with assets and uses their position of trust to unlawfully use or transfer those assets for personal gain, it is considered embezzlement.

Embezzlement can only be committed by a person in a position of trust, whether that be an employee, caretaker, or another role. This includes the agent, servant, employee, trustee, bailee, or custodian of another person, governmental entity, or other legal entity.

Under MCL Section 750.174, embezzlement occurs when a person of such status “fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person’s possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian…”

The key component of this offense is the breach of trust. It is different from other theft crimes because the offender obtained the property legally but then used it illegally.

How Does MI Penalize Embezzlement?

Embezzlement is a serious crime, and the penalties associated with a conviction reflect the severity of the offense. Below are Michigan’s standard sentencing guidelines for each degree of embezzlement, based mainly on the monetary value of the assets involved.

Property valued at less than $200

• Misdemeanor
• Imprisonment of up to 93 days
• Fines of up to $500 or 3 times the value of the money or property involved, whichever is greater

Property valued between $200 and $1,000:

• Misdemeanor
• Imprisonment of up to 1 year
• Fines of up to $2,000 or 3 times the value of the money or property involved, whichever is greater

Property valued between $1,000 and $20,000:

• Felony
• Imprisonment of up to 5 years
• Fines of up to $10,000 or 3 times the value of the money or property involved, whichever is greater

Property valued between $20,000 and $50,000:

• Felony
• Imprisonment of up to 10 years
• Fines of up to $15,000 or 3 times the value of the money or property involved, whichever is greater

Property valued between $50,000 and $100,000:

• Felony
• Imprisonment of up to 15 years
• Fines of up to $25,000 or 3 times the value of the money or property involved, whichever is greater

Property valued over $100,000:

• Felony
• Imprisonment of up to 20 years
• Fines of up to $50,000 or 3 times the value of the money or property involved, whichever is greater

Factors other than the value of the property can also impact the outcome of sentencing. For example, your charges can be enhanced if you have one or more prior convictions of a similar offense or if the victim is a nonprofit corporation or charity.

Criminal law can be complex, so do not hesitate to contact an experienced attorney for more information today.