Accused of having stolen property or taking a car? Start with what you knew and whether you had permission
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years. This page explains how Michigan charges receiving and concealing stolen property, taking or using a car without permission, and stealing parts from vehicles. These cases usually turn on two questions: what the person knew when the property or car came to them, and whether the owner gave permission. I prepare every case as if it will be tried. I do not promise outcomes.
The short answer. Under MCL 750.535, the prosecutor must prove that property was stolen, that you bought, received, possessed or concealed it, and that you knew, or had reason to know or reason to believe, that it was stolen. The value of the property sets the grade of the offense, and a stolen motor vehicle is charged under its own subsection. A car case is different: unlawfully driving away an automobile is a 5-year felony, and using a car without authority is a misdemeanor. Being near stolen property, or in a car that was stolen, does not prove the charge by itself. Nothing here predicts how your case will end.
Michigan stolen property and auto theft charges at a glance
The table sets out the charges I see most often in this area, with the maximum penalty the statute allows. A maximum is a ceiling, not a prediction. The sentencing guidelines, your record and the facts decide where a real sentence falls.
| Charge | What it covers | Maximum penalty | Authority |
|---|---|---|---|
| Receiving or concealing stolen property, value under $200 | Buying, receiving, possessing, concealing or helping conceal property you knew, or had reason to know or believe, was stolen | Misdemeanor, up to 93 days, or a fine of up to $500 or 3 times the value, whichever is greater | MCL 750.535(1), (5) |
| Same, value $200 to under $1,000 | Same conduct | Misdemeanor, up to 1 year, or a fine of up to $2,000 or 3 times the value, whichever is greater | MCL 750.535(4)(a) |
| Same, value $1,000 to under $20,000 | Same conduct | Felony, up to 5 years, or a fine of up to $10,000 or 3 times the value, whichever is greater | MCL 750.535(3)(a) |
| Same, value $20,000 or more | Same conduct | Felony, up to 10 years, or a fine of up to $15,000 or 3 times the value, whichever is greater | MCL 750.535(2)(a) |
| Receiving or concealing a stolen motor vehicle | Same conduct, with a vehicle; the value of the vehicle does not set the grade | Felony, up to 5 years, or a fine of up to $10,000 or 3 times the value, whichever is greater; up to 10 years with a prior conviction under the section, other than one for a violation of subsection (4)(b) or (5) | MCL 750.535(7), (8) |
| Unlawfully driving away an automobile (UDAA) | Willfully and without authority taking possession of and driving or taking away a motor vehicle that belongs to another, or assisting or being a party to it | Felony, up to 5 years | MCL 750.413 |
| Using a motor vehicle without authority | Taking or using a motor vehicle without authority and without intent to steal it, or being a party to it | Misdemeanor, up to 2 years or a fine of up to $1,500; for a first offense the court may reduce it to up to 3 months or $500 | MCL 750.414 |
| Larceny of property | Stealing money, goods or chattels and the other items listed in the statute, graded by value | Under $200, 93 days; $200 to under $1,000, 1 year; $1,000 to under $20,000, 5 years; $20,000 or more, 10 years | MCL 750.356 |
| Stealing a wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer or other electronic device in or on a vehicle | Larceny of those items from a motor vehicle or trailer, whatever the value | Felony, up to 5 years or a fine of up to $10,000, or both | MCL 750.356a(1) |
| Entering or breaking into a vehicle to steal property | Graded by the value of the property; damaging the vehicle while doing it makes it a felony whatever the value | From 93 days up to 10 years by value; 5 years if the vehicle is damaged | MCL 750.356a(2), (3) |
| Carjacking | Using force or violence, threatening it, or putting someone in fear in the course of a larceny of a motor vehicle | Life or any term of years | MCL 750.529a(1) |
Prior convictions can raise the grade. For example, a $200 to under $1,000 receiving charge becomes a 5-year felony if you have a prior conviction under the same section (a prior conviction for a violation of subsection (4)(b) or (5), the lowest-value offenses, does not count), and the prosecutor has to list that prior conviction on the complaint and the information. MCL 750.535(3)(b), (9). The court decides whether the prior exists, without a jury, at sentencing or at a separate hearing before it. I check the prior conviction paperwork on every enhanced charge, because the prosecutor has to prove it.
Value can also be added up. Values of property received or possessed in separate incidents, as part of a scheme or course of conduct within any 12-month period, may be aggregated to reach a higher grade. MCL 750.535(6). If the jury is asked to decide the value, the model instruction asks for the fair market value of the property when it was bought, received, possessed or concealed. M Crim JI 26.1(6). A weak value is one of the most common ways a felony comes down to a misdemeanor.
What the prosecutor has to prove for receiving or possessing stolen property
The Michigan Model Criminal Jury Instructions break the charge into elements. The prosecutor must prove beyond a reasonable doubt that some property was stolen, or was explicitly represented to you as stolen; that you bought, received, possessed, concealed or helped conceal it; that you knew, or had reason to know or reason to believe, that it was stolen when you did; and either that it was a motor vehicle or that it had a particular value. M Crim JI 26.1. The Court of Appeals applied the statute to a charge of receiving and concealing a stolen vehicle. People v. Pratt, 254 Mich. App. 425, 427-428 (2003).
What “stolen” means. It does not require a larceny. In People v. Pratt, 254 Mich. App. 425, 427-428 (2003), the Court of Appeals affirmed a receiving and concealing conviction of a man who took his former girlfriend’s car, holding that stolen goods include goods taken without permission or right. That is a hard rule for anyone in a dispute over permission, and it is the reason I collect texts, past borrowing and who normally drove the car early in a case.
What the words possess and conceal mean. To possess means to knowingly have or hold property under your control. To receive means to accept possession. To conceal means to intentionally hide, disguise, get rid of, or do any other act to keep the property from being discovered. M Crim JI 26.2. The statute also reaches a person who aids in the concealment of stolen property. MCL 750.535(1). Property in a house or car you share with other people is not automatically yours. The question becomes who had access, who knew it was there, and what was said about it.
No theft conviction is needed. The property must be shown to have been stolen, but it is not necessary to show that anyone was convicted of stealing it. M Crim JI 26.4. The thief can be charged too. The Michigan Supreme Court held in People v. Hastings, 422 Mich. 267, 271-272 (1985) that the Legislature’s 1979 addition of the words possesses and conceals removed the basis for an earlier rule, and that a person who stole property may be prosecuted for possessing or concealing it. That is why prosecutors often charge larceny and receiving in the alternative.
Knowledge is the fight in most stolen property cases
The statute does not require actual knowledge. It reaches a person who knew, or had reason to know or reason to believe, that the property was stolen. MCL 750.535(1). The model instruction tells the jury it may consider the circumstances surrounding the taking, the way you acted, what you said about the property, the price you paid, how much time passed between the taking and the time it was found in your possession, and any other facts. M Crim JI 26.3(2).
The same instruction contains the sentence that matters most to a defense lawyer: you may not infer that you knew, or had reason to know or believe, the property was stolen just from the fact that you possessed it. There must be other facts and circumstances in the evidence that would justify the inference beyond a reasonable doubt. M Crim JI 26.3(3). So I look at what the prosecutor has besides possession. A price far below value, a story that changed, a serial number scratched off, a purchase from a stranger in a parking lot and a text that says “don’t ask where it came from” are the kinds of facts that fill the gap. A receipt, a normal sale, a seller you knew and a prompt explanation to the police are the kinds of facts that cut the other way.
Cars: taking, borrowing, riding along and the stolen vehicle charge
Car cases are charged under three different statutes, and the difference is intent and how you got the car. The model instruction for unlawfully driving away an automobile requires proof that the vehicle belonged to someone else, that you took possession of it and drove or took it away, that you did it without authority or without the owner’s permission, and that you intended to take the vehicle without authority, knowing you did not have authority to take it and drive it away. It does not matter whether you intended to keep the car. M Crim JI 24.1.
Using a motor vehicle without authority is the lesser charge. The jury is told that the difference is how you came to have the car. To be guilty of unlawfully driving away a vehicle, you must have taken possession of it unlawfully in the first place. Unlawful use applies if you got the car lawfully but then used it in a way you knew was unauthorized. M Crim JI 24.4. That distinction matters in the common fact pattern where a friend or former partner lent a car, the relationship ended, and a report was made to the police.
Passengers and people who helped. Both the driving away statute and the unauthorized use statute reach a person who assists or is a party to the offense. MCL 750.413; MCL 750.414. Under the aiding and abetting statute, every person concerned in the commission of an offense, including one who aids or abets, may be prosecuted and punished as if they directly committed it. MCL 767.39. But the jury is told that even if you knew a crime was planned or being committed, the mere fact that you were present is not enough to prove you assisted. M Crim JI 8.5. The assisting instruction in a driving away case also requires that the help was given with the intention of helping another commit the crime. M Crim JI 24.1(6). If you were a passenger, the prosecutor needs more than your seat.
Carjacking is a different case. It requires force, violence, the threat of force or violence, or putting a person in fear in the course of a larceny of a motor vehicle, and it is punishable by life or any term of years. The statute defines “in the course of” to include an attempt, flight after the larceny, and an attempt to retain the vehicle, and it allows a sentence to run consecutively to another sentence from the same transaction. MCL 750.529a. If you are charged with carjacking, the facts about what was said and done at the time of the taking are the case.
Your license. A conviction can cost you your license. The Secretary of State must suspend the license of a person convicted of unlawfully driving away an automobile for 1 year. MCL 257.319(2)(b). For using a vehicle without authority the suspension is 90 days, or 1 year if there is a prior conviction for that offense within 7 years. MCL 257.319(6). A driver who needs to work has a good reason to take the license consequence into account before agreeing to any plea.
Parts, catalytic converters and break-ins
Stealing a wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer or other electronic device in or on a vehicle is a felony punishable by up to 5 years or a fine of up to $10,000, or both, whatever the value. MCL 750.356a(1). Entering or breaking into a vehicle to steal other property is graded by value, and damaging the vehicle while doing it is a 5-year felony whatever the value. MCL 750.356a(2), (3).
Pawn shops, scrap yards and resale businesses
A dealer in or collector of merchandise or personal property, or the dealer’s agent, employee or representative, faces a rule that other defendants do not. If the dealer fails to reasonably inquire whether the person selling or delivering the property has a legal right to do so, or buys property with a registration, serial or other identifying number altered or obliterated on an external surface, the dealer is presumed to have bought or received the property knowing it was stolen. The presumption is rebuttable. MCL 750.535(10). The Michigan Supreme Court has held that the presumption in the statute for a dealer who receives property with an altered serial number does not violate due process, because there is a rational connection between the proven facts and the fact presumed. People v. Gallagher, 404 Mich. 429, 437-438 (1979).
The model instruction treats the dealer rule as an inference the jury may draw, not one it must draw. M Crim JI 26.6. For a business, the defense is the paper trail: the ID that was checked, the log, the seller’s statements, the price and the policy the shop follows. I ask for those records at the first meeting.
Sting purchases and property that was never stolen
It is not a defense to a receiving charge that the property was not actually stolen at the time, if it was explicitly represented to you as stolen. MCL 750.535(12). The model instruction builds this into the first element. M Crim JI 26.1(2). In an undercover or informant case, the words used at the time of the deal are the evidence on that element. I look at the recording, the transcript and what the officer or informant said about the item and about you.
Consequences beyond the sentence
Restitution. When sentencing a person convicted of a crime, the court must order full restitution to any victim of the course of conduct that gives rise to the conviction. That requirement also applies when a case is resolved by youthful trainee status, a delayed sentence or a deferred judgment, or in any other way that is not an acquittal or unconditional dismissal. MCL 780.766(2). For property loss, the order requires the defendant to return the property to the owner or, if return is impossible, impractical or inadequate, to pay an amount based on its value, less the value of anything returned. MCL 780.766(3).
How I handle a stolen property or auto theft case
- Read the charge and the grade. I start with the complaint, the statute and the value. I check whether a prior conviction has been listed, whether values have been added together, and whether the vehicle subsection or the value tiers apply.
- Pin down how the property came to you. I want the receipts, messages, payments, the seller’s name and what was said. In a car case I want the history of the car, who normally drove it and any prior borrowing.
- Get the police evidence. I request the reports, the body and dash camera video, any recorded statements, lab or fingerprint results and the serial number trail. In a sting case I ask for the recordings and the informant file.
- Challenge the stop, the search and the statement. Stolen property is often found during a traffic stop, a search of a car or a house, or a conversation with an officer. I look at whether each step was lawful and whether anything you said should be kept out.
- Test the value and the knowledge. Value and knowledge are the two elements most often thin. I look for an appraisal problem and for the facts the prosecutor relies on besides possession.
- Talk to the prosecutor when it helps. If a lower grade, a different charge or a dismissal is fair on the evidence, I make that case. I tell you what an offer means and what the alternative is, and the decision is yours.
- Prepare for trial. I prepare the case as if it will be tried, including the jury instructions I will ask for.
Ways a stolen property or auto theft case may end
How a case ends depends on the charge, the evidence, your history and, often, the prosecutor. These are the routes I look at.
Dismissal or reduction at the preliminary examination. In a felony case, if the magistrate decides at the end of the examination that a felony was not committed or that there is no probable cause, the magistrate must either discharge you or reduce the charge to an offense that is not a felony. MCL 766.13. The examination is where I test value and knowledge under oath.
A lower charge. A stolen motor vehicle charge can sometimes be resolved as a misdemeanor use-without-authority case when the permission facts support it. Any plea to a different offense needs the prosecutor’s consent. MCR 6.301(D).
Delayed sentence and youthful trainee status. In an action in which the court may place a defendant on probation, the court may delay sentencing for up to 1 year to give the defendant a chance to prove eligibility for probation or other leniency. MCL 771.1(2). A person who pleads guilty to an offense committed on or after the 18th birthday and before the 26th birthday may, with consent, be assigned to youthful trainee status without a judgment of conviction, but the statute excludes felonies punishable by life, major controlled substance offenses and traffic offenses, among others. MCL 762.11(2), (3). Carjacking, which carries a maximum of life, falls in that excluded group. I check the exclusions against your exact charge.
What I need from you
Bring the charging papers, the bond order, any police report or ticket you were given, and anything in writing about how you got the property or the car, including receipts, bank records, messages and social media posts. Write down the name of the seller or the person who lent you the car, when and where it happened, and what was said about the property. Tell me about your prior record, your job and whether you need a license to work. Do not talk to the police, the owner or the seller about the case, and do not return, sell or move the property or the car without talking to me first.
Where your Kent County stolen property or auto theft case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A felony begins in district court with an arraignment and, if the case continues, a preliminary examination. MCL 600.8311(c), (e). Michigan law sets the Kent County district courts by municipality. The 61st District Court serves the city of Grand Rapids, the 59th serves the cities of Grandville and Walker, the 62A serves the city of Wyoming and the 62B serves the city of Kentwood. MCL 600.8128a; MCL 600.8130(1)-(3). The 63rd District Court serves the rest of Kent County, which includes the cities of Rockford, Lowell, Cedar Springs and East Grand Rapids and the surrounding townships. MCL 600.8130(4). If the magistrate binds the case over, the felony is arraigned in the circuit court, which for Kent County is the 17th Judicial Circuit. MCL 766.13; MCL 600.8311(f); MCL 600.518. Misdemeanor receiving cases, which carry a maximum of 1 year or less, are heard in the district court. MCL 600.8311(a). Using a vehicle without authority carries up to 2 years, so it is not a district court misdemeanor under that subsection. It goes through the preliminary examination and circuit court arraignment described above. MCL 750.414; MCL 600.8311(e), (f).
Why people hire me for a Michigan stolen property or auto theft case
You work directly with me, the lawyer handling your case, from the first court date forward. I tell you where the prosecutor’s case is strong and where it is thin, what the value and the knowledge evidence look like, and what each choice could mean for your record and your license. I do not promise outcomes. I build the case the facts support and prepare for trial, because an offer is only worth evaluating against a real alternative.
Questions I hear from people charged with stolen property or auto theft in Michigan
What does the prosecutor have to prove to convict someone of receiving or possessing stolen property in Michigan?
Under MCL 750.535, the prosecutor must prove that the property was stolen, embezzled or converted; that the person bought, received, possessed or concealed it, or helped hide it; and that the person knew, or had reason to know or reason to believe, that it was stolen when the person had it. The value of the property sets the penalty. Nobody has to be convicted of the original theft.
I bought something cheap and did not know it was stolen. Can I still be convicted of receiving stolen property?
Possibly. The statute does not require actual knowledge. It reaches a person who knew, or had reason to know or reason to believe, that the property was stolen. The jury is told that possession alone is not enough and that there must be other facts, such as the price paid, how the person acted, what was said about the item and how soon after the theft it turned up.
What are the penalties for receiving or possessing stolen property in Michigan, and how does the value change them?
The penalty under MCL 750.535 depends on value. Property worth $20,000 or more is a 10-year felony. $1,000 to under $20,000 is a 5-year felony. $200 to under $1,000 is a misdemeanor with a 1-year maximum. Under $200 is a 93-day misdemeanor. Fines run up to a fixed amount or three times the value, whichever is greater. Prior convictions under the statute can raise the grade, and values from separate incidents in a 12-month period can be added together.
What is the difference between UDAA, joyriding and car theft in Michigan, and how serious are they?
Unlawfully driving away an automobile (MCL 750.413) is a felony with a 5-year maximum and does not require an intent to keep the car. Using a vehicle without authority and without intent to steal (MCL 750.414) is a misdemeanor with a 2-year maximum, and a court may reduce a first offense to 3 months or $500. Stealing a car as a larceny requires an intent to permanently deprive the owner and is graded by value.
An undercover officer or informant told me an item was stolen and I bought it. Is that still a crime if it was never actually stolen?
Yes. MCL 750.535(12) says it is not a defense that the property was not stolen at the time if it was explicitly represented to the accused as stolen. The jury instruction treats property “explicitly represented to the defendant as being stolen” as meeting the first element. Entrapment is a separate issue and depends on what the police did to bring the person into the deal.
What are the penalties for breaking into a car or taking a catalytic converter in Michigan?
Under MCL 750.356a, stealing a wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer or other electronic device in or on a vehicle is a felony with up to 5 years or a $10,000 fine, whatever the value. Entering or breaking into a vehicle to steal other property is graded by value, from a 93-day misdemeanor up to a 10-year felony. Damaging the vehicle while doing it can make it a 5-year felony.
Related Michigan pages
- Grand Rapids criminal defense lawyer
- Theft and embezzlement
- Retail fraud
- Robbery, carjacking and arson
- Malicious destruction of property
- Bad checks and benefit fraud
I represent people charged with stolen property, car taking and vehicle theft offenses in Kent County and West Michigan. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
Big-Firm Power. Street-Level Grit.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.