Larceny from a Building – Michigan Defense Lawyer

Michigan regards larceny from a building as a serious criminal felony offense. It is punishable by years in prison and fines and costs in the thousands. Larceny is also a theft offense that carries the stigma of a thief, which makes it difficult to get a job.

Theft offenses can be extra burdensome if you are not a United States Citizen. 

Remember, when you have been charged with a crime to always keep your mouth shut and refrain from talking to the police.

If you have been charged with a crime contact Michigan criminal defense lawyer, Aaron J. Boria for a free consultation (734) 453-7806 or email us at borialaw@gmail.com.

Larceny from a Building Charges

This is a common offense we see all over Michigan. In Northville, people would be charged with this offense for entering the old mental hospital. In Livonia, we see people charged with this for entering Sears where the Livonia Mall used to stand. The allegation would be that they broke in and were trying to steal items inside. 

 

Remember, you never have to prove your innocence. The burden is on the prosecutor to prove beyond a reasonable doubt that you are guilty of every element of the crime.

MCL 750.360 is a broadly written law. In order to prove larceny in a building the prosecution must prove the following elements:

First, that the defendant, took someone else’s property.
Second, that the property was taken without consent.
Third, that the property was taken from a building.
Fourth, that there was some movement of the property.
Fifth, that the property was worth something at the time it was taken.
Sixth, that at the time the property was taken, the defendant intended to permanently deprive the owner of the property.

If even one of these elements cannot be met then you are not guilty.

Defenses to Larceny in a Building

Common defenses to this charge include the following:

Mistake – the person accusing you of the crime is wrong
Consent – You were allowed to remove the item from the building
Claim of Right – The item you took was yours or your thought it was yours

Every case is different, so your case may have additional defenses that are not listed above.

Michigan criminal lawyer, Aaron J. Boria has the experience you need to get the right results. Call (734) 453-7806 today for a free consultation.