Under Michigan law, a property crime can mean a number of different charges including home invasion, arson, malicious destruction of property or criminal trespass. What all these crimes have in common is that they involve the defendant tampering with, entering, altering or otherwise destroying another person’s property without their permission. Since the owner of the property normally suffers from the crime, Michigan takes these charges very serious and will punish the convicted to the fullest extent of the law.
If you are facing charges for a type of property crime, it’s imperative you start building your defense right away. Hiring an experienced Michigan property crime defense attorney is the first step. Having an attorney on your side will significantly increase your chances of receiving reduced or dismissed charges. With their skills and resources, your attorney can develop a sturdy defense that casts doubt on the prosecution’s case.
Property Crime Defense Attorney in Oakland County, MI
Find aggressive and client-focused representation with Attorney J. Dallo at Dallo Law, P.C.. He has years of experience representing people accused of various property crimes including arson, breaking and entering, or vandalism. His extensive practice and knowledge regarding property laws give him the advantage when formulating a strong defense. Take charge of your future and get in contact with Michigan defense attorney J. Dallo today.
Dallo Law, P.C. will work tirelessly to ensure you keep serious crimes off your record. You can begin building your defense by simply calling Dallo Law, P.C. office at (248) 283-7000 for a free consultation. Dallo Law, P.C. represents people throughout the greater Oakland County and Macomb County area including Troy, Pontiac, Bloomsfield Hills, Clarkston, Rochester, Novi, Southfield, Waterford Township, Auburn Hills, Eastpointe, Roseville, St. Clair Shores, Clinton Township, Utica, Warren and Sterling Heights.
- Types of Property Crimes in Michigan
- Breaking and Entering Laws in Michigan
- Is Malicious Destruction of Property a Felony in Michigan?
- Additional Resources
Types of Property Crimes Under Michigan Law
The most commonly prosecuted property crimes in Michigan include:
- Breaking or Entering
- Retail Fraud
- Malicious Destruction of Property
- Criminal Trespass
- Defrauding a Vulnerable Adult
- Misdemeanor offenses involving fire under MCL 750.78
- An offense involving inflammable, combustible, or explosive materials under MCL 750.7
Breaking and Entering Laws in Michigan
One of the most common property crimes is breaking and entering a building, tent, boat, railroad car or other habitation or structure. Often defendants charged with breaking and entering aren’t even aware they are breaking any laws, especially when the property is older and typically vacant. Unfortunately, that doesn’t stop the state from imposing harsh penalties to those convicted of breaking and entering.
Breaking and entering is defined under the Michigan Penal Code Section 750.115. The statute states that any person who breaks and enters any of the following could be criminally charged.
- Any dwelling
- Railroad Car
- Cottage clubhouse
- Boat house
- Hunting or fishing lodge
- Out-buildings belonging to another person
- Ice Shanty with a value of $100 or more;
- Or any other structure, occupied or unoccupied, without first obtaining permission from the owner of the building
Breaking and entering a habitation without permission is a misdemeanor punishable by up to 93 days in jail.
Is Malicious Destruction of Property a Felony in Michigan?
Deliberately harming another property with a malicious intent can yield some serious penalties. The crime is referred to as willful and malicious destruction of property and located under the Michigan Penal Code Section 750.377a. Malicious destruction of property is charged as a misdemeanor if the crime involved the following circumstances:
- The value of damage was between $200 and $1,000; or
- The value of damage was less than $200 and the defendant had a prior conviction
A misdemeanor willful and malicious destruction of property charge can result in up to one year in jail and fines of $2,000 or three times the value of the damage, whichever is greater.
The defendant will face a lesser misdemeanor charge is the value of the damage was less than $200. They will instead face up to 93 days in jail and a fien of up to $500 or three times the amount of damage, whichever is greater.
A malicious destruction case could face enhanced charges if the value of the damage is between $1,000 and $20,000 or if they have one or more prior convictions of the same offense. If convicted, the defendant will face felony charges and up to 5 years in prison. They will also be required to pay a fine reaching $10,000 or three times the value of the property damage, whichever is greater.
Certain factors could increase the penalties for felony willful and malicious destruction of property even further. These include:
- The value of the damage is greater than $20,000; or
- The defendant has 2 or more prior convictions for malicious destruction
The potential maximum for a felony malicious destruction of property charge is up to 10 years in prison and a fine of up to $15,000 or three times the value of the damage.
Property Crime Laws in Michigan – Visit the official website for Michigan’s Legislature to learn more about their prohibited property crimes. Access the site to learn the penalties for maliciously harming the property of law enforcement, school buses, fences, landscaping, dam reservoirs, bridges, and other related crimes.
Michigan Criminal Court Rules – Visit the official website for the Michigan Courts to learn more about their rules for criminal court. Access the site to learn definitions for legal terms, learn the steps of a criminal trial, read up on pre-trial motions and hearings, and other related information.
Bloomfield Hills Attorney for Property Crimes in MI
Many defendants face property crime charges after doing something careless or out of character. Often, these defendants have little to no criminal record and deeply regret their actions. However, these facts don’t deter the state when prosecuting offenders. If you have been charged with a property crime, avoid the harsh penalties by securing legal representation with the reputable J. Dallo at Dallo Law, P.C..
Dallo has defended clients from property crimes of all ages and backgrounds ranging from minor juvenile offenses to large-scale destruction. Thanks to his years of criminal defense practice, no opponent is too big or can surprise Attorney J. Dallo. Set up your first free consultation by calling Dallo Law, P.C. at (248) 283-7000. Dallo Law, P.C. represents people throughout the greater Oakland County and Macomb County area in Michigan.