Attorney Clay Wittman, www.Wittmanlegal.com, Licensed in Michigan, the U.S. Federal District Court for the Western District of MI, the U.S. Court of Appeals for the 6th Circuit, and the Supreme Court of the United States.
Thursday, November 14, 2013
Stealing contents of an Automobile, Misdemeanor or Felony?
A Quirk of Michigan Criminal Law:
Did you know that under Michigan
law, stealing or unlawfully removing property from any motor vehicle can either
be a misdemeanor, or a FELONY, depending on either the value of what was taken
OR what was taken. Michigan Compiled Law (MCL) 750.356a(2),
makes it a misdemeanor to enter or
break into a motor vehicle and “steal or unlawfully remove property” with a
value that is less than $200.00.
However, under MCL 750.356a(1), it is a felony to commit a larceny “by stealing or unlawfully removing or
taking any wheel, tire, air bag, catalytic converter, radio, stereo, clock,
telephone, computer, or other electronic device in or on any motor vehicle . .
. So if you steal a $20 umbrella from a
car -- it is a misdemeanor, but if you steal a $20 alarm clock it could be a
felony! It would ultimately come down to
what charges the Prosecutor levies against you
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