Theft Offenses
From retail fraud and larceny to embezzlement and uttering & publishing, Michigan grades most theft offenses by the value of the property involved. We examine how the property was valued, what the prosecution can actually prove about intent, and the alternatives to a conviction.
Michigan theft charges: what you're actually facing.
Michigan groups a wide range of conduct under the umbrella of theft — larceny, retail fraud, embezzlement, receiving stolen property, motor vehicle theft, and forgery-related offenses like uttering & publishing. For most of these charges, the value of the property is what separates a misdemeanor from a felony under statutes such as MCL 750.356 for larceny and MCL 750.356c and MCL 750.356d for retail fraud. A charging decision made at the scene can hinge on an officer's or a loss-prevention employee's estimate of what an item was worth.
Nearly every theft offense also requires the prosecution to prove intent — that you meant to permanently deprive the owner of the property, or that you knew property was stolen. Honest mistakes, disputes over ownership, a good-faith claim of right, and gaps in the evidence all go directly to that element. Because a theft conviction is treated as a crime of dishonesty, it can follow you into employment, licensing, and housing long after the case ends, which is why how the charge is resolved matters as much as the sentence.
What determines the charge.
| Offense | How the Offense Is Graded |
|---|---|
| Larceny MCL 750.356 | Misdemeanor or felony; the level depends on the value of the property |
| Retail fraud — first, second, and third degree MCL 750.356c, MCL 750.356d | The degree, and whether it is a misdemeanor or a felony, depends on the value of the property |
| Embezzlement MCL 750.174 | Misdemeanor or felony; the level depends on the value alleged to have been converted |
| Larceny in a building MCL 750.360 | Graded by the statute itself rather than by a value tier |
| Receiving & concealing stolen property MCL 750.535 | Misdemeanor or felony; the level depends on the value of the property |
| Unlawfully driving away an automobile MCL 750.413 | Graded by the statute itself rather than by a value tier |
| Uttering & publishing MCL 750.249 | Graded by the statute itself rather than by a value tier |
This table shows what determines the level of each offense, not the maximum term for any particular charge. Penalties vary with the value of the property, the specific statute and subsection charged, and prior record, and the maximum that applies to a given case should be confirmed against the charging statute. This table is a general summary, not legal advice about your case.
Our theft defense strategies.
Challenging Intent
Theft requires proof that you intended to permanently deprive the owner of property, or knew property was stolen. Mistakes, misunderstandings, and a good-faith claim of right can defeat that element — and the burden of proving it stays with the prosecution.
Disputing Valuation
Because value sets the charge level, an inflated estimate can push a misdemeanor into felony territory. We test how the property was appraised and, where the evidence supports it, work to bring the alleged value — and the charge — back down.
Identity, Possession & Knowledge
Proximity to property is not the same as taking it. In receiving-and-concealing and shared-space cases, we challenge whether our client actually possessed the item and whether the prosecution can prove they knew it was stolen.
Diversion & Alternatives
For eligible first-time cases, resolutions such as a diversion agreement, a delayed sentence, or Holmes Youthful Trainee Act treatment under MCL 762.11 to 762.15 may keep a conviction off the public record. We weigh every alternative alongside the option of trial.
Theft charge questions answered.
What decides whether a Michigan theft charge is a felony or a misdemeanor?
What is the difference between larceny and embezzlement in Michigan?
Can a first-time retail fraud or theft charge be kept off my record?
Speak with an Ann Arbor theft defense lawyer.
Early involvement lets us examine how the property was valued, what the prosecution can prove about intent, and every alternative to a conviction.