Grand Rapids Larceny and Embezzlement Lawyer for Theft, Stolen Property and Property Damage Charges

Charged with larceny, embezzlement or a property crime in Kent County? Start with the value, who had the right to the property and what you intended

A larceny, embezzlement, stolen property or malicious destruction charge in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County usually starts with an accusation. A person says something was taken. An employer says money is missing from the books. Police say you had property that was stolen. Someone says you damaged what belongs to them. Michigan charges these under four different statutes, but they work alike in one important way. The level of the charge, from a misdemeanor with up to 93 days in jail to a felony with up to 20 years in prison, is usually set by the value of the property and by your prior record. How the state proves that value, who had the right to the property and what you intended often decide the case.

The short answer. Under MCL 750.356, MCL 750.174, MCL 750.535 and MCL 750.377a, property worth less than $200 is a misdemeanor with up to 93 days in jail. From $200 up to $1,000 it is a misdemeanor with up to 1 year. From $1,000 up to $20,000 it is a felony with up to 5 years in prison. At $20,000 or more it is a felony with up to 10 years, and embezzlement goes up to 15 years at $50,000 and 20 years at $100,000. Fines can reach 3 times the value. A prior conviction can raise a new charge a level, and the prosecutor can add together separate incidents. Do not explain yourself to an employer’s investigators, a store, or police before you talk to a lawyer, and do not repay or sign anything before talking to me.

I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years, and I prepare every theft and embezzlement case as if it will be tried. Asking early for the bank records, the ledgers, the video and the police reports lets me test the state’s numbers before any plea discussion. Big-Firm Power. Street-Level Grit.

This page covers larceny, embezzlement, receiving and concealing stolen property, and malicious destruction of property. It explains what each one carries, what the prosecutor has to prove, the consequences most people do not see coming, and how a defense is built. Shoplifting from an open store is usually charged as retail fraud, under separate statutes that I cover on my Grand Rapids retail fraud lawyer page. Theft from a store that falls outside those statutes, such as theft by an employee or after hours, can be charged as larceny, including larceny in a building, which is covered here. This page goes deeper than my Grand Rapids criminal defense lawyer page. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.

Michigan larceny, embezzlement, stolen property and malicious destruction charges and penalties

These are the maximums in the statutes. The exposure in your case depends on the value, your record and the judge. In the first six rows, the fine is the stated amount or 3 times the value or amount involved, whichever is greater. The last two rows are charged by what was taken or where, not by value.

Prior convictions. A prior conviction under the same section can raise a new charge. Under the larceny statute, a charge under $200 with one prior becomes a misdemeanor with up to 1 year. A charge from $200 up to $1,000 with one prior becomes a felony with up to 5 years. A charge from $1,000 up to $20,000 with two priors becomes a felony with up to 10 years. MCL 750.356(2)(b), (3)(b), (4)(b). Prior convictions for the lowest-level offenses, those under subsections (4)(b) and (5), do not count toward the felony upgrades, but a prior under the same section or a matching ordinance does count toward the under-$200 upgrade. Embezzlement, receiving and concealing, and malicious destruction are built in a similar way, each with its own rule about which priors count. MCL 750.174(3)(b), (4)(b), (5)(b); MCL 750.535(2)(b), (3)(b), (4)(b); MCL 750.377a(1)(a)(ii), (b)(ii), (c)(ii).

Added values. The prosecutor may add together the values from separate incidents that are part of a scheme or course of conduct within any 12-month period. If they are part of a scheme or course of conduct, four $300 incidents can be charged as one $1,200 felony. For embezzlement directed at only one person or entity, such as one employer, no time limit applies. MCL 750.356(7); MCL 750.174(8); MCL 750.535(6); MCL 750.377a(2).

How priors are used. When the prosecutor wants a higher level because of a prior, the complaint and information must list it, and the judge decides whether it exists, without a jury. A prior used to raise the level cannot also be used to enhance the sentence under the habitual offender laws, MCL 769.10 to 769.12. MCL 750.356(8), (9); MCL 750.174(9), (11); MCL 750.535(9), (11); MCL 750.377a(3), (4). I check every prior the state lists.

Embezzlement extras. The embezzlement statute reaches money and personal property, and it says cryptocurrency counts. MCL 750.174(13). If the amount is under $20,000 and the victim is a nonprofit or charitable organization, the charge moves up a level. MCL 750.174(3)(c), (4)(c), (5)(c). A court may also order a prison term for a felony embezzlement to run consecutively to a term for another offense if the victim was a nonprofit or charitable organization, a person 60 or older or a vulnerable adult. MCL 750.174(12).

Stolen vehicles and dealers. Buying, receiving, possessing or concealing a stolen motor vehicle is a felony with up to 5 years in prison, or up to 10 years with a prior conviction under the same section, not counting a conviction under subsection (4)(b) or (5), whatever the vehicle is worth. MCL 750.535(7), (8). A dealer in or collector of merchandise who fails to reasonably inquire whether the seller has a legal right to sell, or who buys property with an altered serial number, is presumed to have known it was stolen, but the presumption can be rebutted. MCL 750.535(10).

Scrap metal. For stolen scrap metal, the value is the greatest of the replacement cost, the cost of repairing the damage, or the sum of the two. MCL 750.356(6).

Other property destruction charges. Damaging another person’s house, barn or other building is charged under MCL 750.380, which has its own value tiers. Willfully and maliciously destroying or injuring the personal property of a fire or police department is a felony under MCL 750.377b. The malicious destruction statute also has separate subsections when the property owner is a current or former spouse, a dating partner, a co-parent or a household member. MCL 750.377a(1)(d), (f). If your case involves a partner or family member, see my Grand Rapids domestic violence lawyer page.

What the prosecutor has to prove

Larceny. The Michigan Supreme Court has described the elements as a trespassory taking, a carrying away, of the personal property, of another, with intent to steal that property. People v. March, 499 Mich. 389, 401 (2016). The Court has also held that larceny law protects possessory interests, so a person who holds the exclusive right to possess the property cannot commit larceny of it. People v. March, 499 Mich. 389, 393 (2016). The felonious intent required is an intent to permanently deprive the owner of the property. People v. Cain, 238 Mich. App. 95, 119 (1999) (quoting People v. Goodchild, 68 Mich. App. 226, 232 (1976)); see People v. Pratt, 254 Mich. App. 425, 427-428 (2002).

Embezzlement. The Court of Appeals has listed six elements. The money must belong to the principal. You must have a relationship of trust with the principal as an agent or employee. The money must have come into your possession because of that relationship. You must have dishonestly disposed of or converted it to your own use, or secreted it. The act must have been without the principal’s consent. At the time, you must have intended to defraud or cheat the principal. People v. Lueth, 253 Mich. App. 670, 683 (2002). The statute also covers a trustee, bailee or custodian, and it covers governmental entities. MCL 750.174(1). Embezzlement is aimed at people who gain access to the principal’s money through a position of trust. People v. Lueth, 253 Mich. App. 670, 690-91 (2002).

Failure to pay on demand. The embezzlement statute makes a failure, neglect or refusal to pay, deliver or refund entrusted money or property on demand prima facie proof of intent to embezzle. MCL 750.174(10). That is one reason to talk to me before you answer a demand letter or an employer’s request to “make it right.”

Receiving and concealing stolen property. The prosecutor must prove that the property was stolen, that its value met the statutory level, that you received, possessed or concealed it with knowledge that it was stolen, the identity of the property as the property previously stolen, and your guilty actual or constructive knowledge. People v. Pratt, 254 Mich. App. 425, 427 (2002). The statute asks whether you knew, or had reason to know or reason to believe, that the property was stolen, embezzled or converted. MCL 750.535(1). “Stolen” is not limited to larceny. The Court of Appeals has held that it covers any property taken without permission or right. People v. Pratt, 254 Mich. App. 425, 428 (2002).

A stolen-property sting. It is not a defense that the property was not actually stolen at the time if it was explicitly represented to you as stolen. MCL 750.535(12).

Malicious destruction of property. The state must prove that you willfully and maliciously destroyed or injured the personal property of another person, and the amount of the destruction or injury sets the level. MCL 750.377a(1). In a case under an earlier version of the statute, the Court of Appeals held that the state must prove an intent to injure or destroy the property, and it quoted the jury instruction that defines “willfully and maliciously” as knowing the act is wrong, acting without just cause or excuse, and acting intentionally or with a conscious disregard of known risks to the property of another. People v. Culp, 108 Mich. App. 452, 456, 458 (1981).

The value. Michigan courts look to fair market value, which is the price the item will bring on an open market between a willing buyer and seller, measured at the time and place of the offense. An owner may testify to the value of the property, but not if the number rests on personal or sentimental value. People v. Pratt, 254 Mich. App. 425, 428-429 (2002) (applying the fair market value standard of People v. Johnson, 133 Mich. App. 150, 153 (1984)). A few hundred dollars can decide whether a case is a misdemeanor or a felony, so the number gets tested.

Consequences beyond the sentence

Restitution. When a defendant is convicted, the court must order full restitution to any victim of the course of conduct that gives rise to the conviction. That includes cases resolved by youthful trainee status, a delayed sentence or any other result that is not an acquittal or an unconditional dismissal. MCL 780.766(2). Restitution is tied to the conduct you are charged with and convicted of. The Michigan Supreme Court has held that a court may not order restitution based on uncharged conduct. People v. McKinley, 496 Mich. 410, 419-420, 424 (2014). If the prosecutor charges a scheme as one aggregated count, the conduct in that count is charged conduct, so the restitution amount can reach all of it. That is why I look at how the charge is drafted before any plea. An order of restitution is a judgment and a lien against all of your property until it is paid in full. MCL 780.766(13). When restitution is a condition of probation, the court may revoke probation for nonpayment only if you have not made a good-faith effort to pay. You cannot be jailed for nonpayment unless the court finds both that you have the resources to pay and that you have not made a good-faith effort to do so. MCL 780.766(11), (14).

Insurers and the civil case. The court must also order restitution to anyone who has compensated the victim for the loss, up to the amount paid. That can include an insurer. MCL 780.766(8). Money you pay under a restitution order is set off against any civil damages the victim later recovers. MCL 780.766(9). A victim or employer can also sue separately, and a civil suit is a different case with its own deadlines.

The next charge costs more. A conviction can raise the level of a later theft, embezzlement, stolen property or malicious destruction charge. That is one reason a first case deserves a real defense, even when the charge is a misdemeanor.

Jobs and licenses. A conviction for stealing or embezzling is hard to explain to an employer, a bonding company or a licensing board, especially for work that involves money, records or other people’s property. A felony conviction can also affect work that depends on a background check. If your job, license or school depends on a clean record, tell me at the consultation, because it changes how I approach a plea.

Record relief. Larceny, embezzlement, receiving and concealing, and malicious destruction are not among the convictions Michigan bars from being set aside. A person may apply only if the record has no more than three felonies in total, and only one felony conviction for the same offense can be set aside if that offense is punishable by more than 10 years. That can matter in a larger embezzlement case. MCL 780.621(1)(a), (c); MCL 780.621c. The waiting period is 3 years for a misdemeanor that is not a serious misdemeanor, 5 years for one felony or a serious misdemeanor, and 7 years for more than one felony, and you must have no pending charges and no new convictions in that time. Setting aside is a privilege, not a right, so the judge decides. MCL 780.621d(1) to (4), (14). Michigan also sets some convictions aside automatically, without an application. The exclusions in subsection (10) apply to the automatic set-aside tracks for felonies and for misdemeanors punishable by 93 days or more. They cover crimes of dishonesty, which include felony embezzlement, and offenses punishable by 10 or more years. The process also depends on funding. MCL 780.621g(2), (4), (10), (14), (15). Eligibility and timing depend on your whole record, so I check them case by case.

How I defend a theft or embezzlement charge

Who had the right to the property. Larceny protects possession. The Michigan Supreme Court has held that a person with the exclusive right to possess property cannot commit larceny of it. People v. March, 499 Mich. 389, 393 (2016). Whether the property really belonged to someone else, to you, or to both of you is the first thing I look at. Business partners, couples dividing a household, landlords and tenants, and friends who lent each other things end up here more often than people expect.

What you intended. Larceny requires an intent to permanently deprive the owner, and embezzlement requires an intent to defraud or cheat. Borrowing without asking, a mistaken belief about what you were owed, an advance the employer allowed and a sloppy bookkeeping habit are not the same as theft. Intent is not always a defense to every charge, though. Because “stolen” covers any property taken without permission or right, a lack of intent to keep an item may defeat larceny and still leave a receiving and concealing charge. I look at which charge fits the facts. People v. Cain, 238 Mich. App. 95, 119 (1999); People v. Pratt, 254 Mich. App. 425, 427-428 (2002); People v. Lueth, 253 Mich. App. 670, 683 (2002).

The records. In an embezzlement case, the state usually builds the number from bank statements, ledgers, receipts, accounting software and an auditor’s summary. I ask for the underlying records, not the summary. I look at who else had access to the money, what the employer’s own controls were, what was authorized, and whether the totals add up. In larger cases I look at whether a forensic accountant is needed to test the state’s numbers.

The relationship of trust. Embezzlement requires that the money came to you because of a position of trust as an agent, employee, trustee, bailee or custodian. If it did not, the charge does not fit, and the state may try another one. People v. Lueth, 253 Mich. App. 670, 683, 690-91 (2002).

The value. I test the number. Was it fair market value at the time and place? Was it new or used? Was there a receipt, an appraisal or an owner’s guess? Is the state adding up separate incidents that do not belong together? A number just over $1,000 or $20,000 can double the exposure, and a value built on sentimental worth does not count. People v. Pratt, 254 Mich. App. 425, 428-429 (2002).

What you knew about stolen property. In a receiving and concealing case, I look at who sold or gave you the item, what you paid, what you were told and what a reasonable person would have known. The statute reaches people who had reason to know or reason to believe, so the facts about the deal matter. If the state relies on the dealer presumption, I ask what inquiry was made, because the presumption can be rebutted. MCL 750.535(1), (10).

Intent and amount in a property damage case. I look at whether the damage was an accident, a mutual fight over the property or a deliberate act, and I look at the repair estimates, because the amount sets the level. The state must prove an intent to injure or destroy the property. People v. Culp, 108 Mich. App. 452, 458 (1981).

The stop, the search and what you said. I look at how police found the property and whether the search or the statements hold up. A statement you gave to an employer, an auditor, HR or an officer can be offered against you. Do not argue your side or write out an explanation before you talk to me.

Before you repay, return or sign anything. Giving property back or paying money can help the case, or it can be used as proof. How and when it is done matters. Talk to me first. Restitution is mandatory unless the case ends in an acquittal or an unconditional dismissal, so I think about the amount early. MCL 780.766(2).

Ways a theft or embezzlement case may end without a lasting conviction

Whether any of these is available depends on the facts, your age, your record, the prosecutor and the judge. None is automatic.

Dismissal. If the state cannot prove the elements, the value or who had the right to the property, the case can be dismissed or end in an acquittal.

Delayed sentence. The court may delay sentencing for up to one year, which gives you time to show the court you have turned things around. MCL 771.1(2). What the court does at the end of that year is the judge’s decision, and restitution is still ordered. MCL 780.766(2).

Youthful trainee status. If the offense was committed when you were at least 18 but under 26, the court may, on a guilty plea and with your consent, assign you to youthful trainee status without entering a judgment of conviction. If you were 21 or older, the prosecutor must consent. Theft, embezzlement, stolen property and malicious destruction are not among the excluded offenses. If you complete the terms, the court discharges you and dismisses the case, and the assignment is not a conviction. Restitution is still ordered. MCL 762.11; MCL 762.14; MCL 780.766(2).

A plea to a lesser charge. A negotiated plea to a lower value level or to a misdemeanor can change the jail exposure and what your record looks like. A prosecutor decides whether to offer one, and I do not take that for granted.

Setting aside a conviction later. Michigan lets a person with a conviction apply to the court that entered it to have it set aside, within the limits described above. MCL 780.621; MCL 780.621c. See also my article on felony expungement in Michigan.

What happens after a theft or embezzlement accusation

1. The accusation. A store, an employer, a family member or a police agency says property or money is missing. In an embezzlement case, the first contact is often a manager, an auditor or a detective asking you to come in and “clear things up.”
2. The investigation. Police and the victim collect bank records, ledgers, video and statements. Property may be seized. You may be contacted before any charge is filed.
3. Charging and arraignment. The prosecutor decides what to charge, and a judge or magistrate reads the charge and sets any bond and conditions. A felony starts in district court. A misdemeanor stays there.
4. Probable cause conference and preliminary examination. In a felony case, the prosecutor must show probable cause, often through the victim or an investigator. This is where I question the witnesses under oath.
5. Circuit court and motions. If the case is bound over, it moves to circuit court. This is where motions, plea discussions and diversion requests happen.
6. Resolution and restitution. The case can end in dismissal, a plea, a delayed sentence or youthful trainee status where available, or a trial. If there is a conviction or a plea, the court decides the amount of restitution at sentencing.

Where your Kent County theft or embezzlement case will be heard

I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A felony theft or embezzlement charge starts in district court with an arraignment and a probable cause hearing. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. If the case is bound over, it moves to the Kent County Circuit Court, the 17th Circuit. A misdemeanor stays in district court.

Why people hire me as their Grand Rapids theft and embezzlement lawyer

You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a conviction would mean for your freedom, your job, your license and your record. I build the case the facts support, and then we decide together how to proceed.

Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.

Related Michigan pages

For what happens in the first days after an arrest, see what happens after an arrest in Kent County. For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page, and my article on felony charges in Kent County. If the charge came from a store, see my Grand Rapids retail fraud lawyer page. If the property damage involved a partner or family member, see my Grand Rapids domestic violence lawyer page. If you are on probation, see my Grand Rapids probation violation lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page. My practice also covers civil rights and business disputes, including civil rights, civil litigation and business litigation.

If the allegation involves entering a building, see my page on breaking and entering charges. For the steps from booking to your first court date, see what happens after an arrest in Kent County.

Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!

Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Charged with larceny, embezzlement or a property crime in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com

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.