MSU, LARCENY STOLEN BIKE, MICHIGAN STATE POLICE, EAST LANSING

Comments

1. Peter A. Torrice on October 3, 2010 at 10:10 am said:

   John this is a great question. Unfortunately you were stopped by the good old East Lansing Police officers. I remember the days when I went to Michigan State University and had to walk all the way back to my dorm, those were tough times. Good thing you were not charged with more than larceny, because it could have been a lot worse for you. Below are the charges for the larceny that you were probably charged with:

   (1) A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section:

   (a) Money, goods, or chattels.

   (b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate.

   (c) A book of accounts for or concerning money or goods due, to become due, or to be delivered.

   (d) A deed or writing containing a conveyance of land or other valuable contract in force.

   (e) A receipt, release, or defeasance.

   (f) A writ, process, or public record.

   (g) Nonferrous metal.

   (2) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

   (a) The property stolen has a value of $20,000.00 or more.

   (b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

   (3) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

   (a) The property stolen has a value of $1,000.00 or more but less than $20,000.00.

   (b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

   (4) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

   (a) The property stolen has a value of $200.00 or more but less than $1,000.00.

   (b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

   (5) If the property stolen has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine.

   (6) If the property stolen is nonferrous metal, then, as used in this section, “the value of the property stolen” means the greatest of the following:

   (a) The replacement cost of the stolen nonferrous metal.

   (b) The cost of repairing the damage caused by the larceny of the nonferrous metal.

   (c) The sum of subdivisions (a) and (b).

   (7) The values of property stolen in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of property stolen.

   (8) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant’s prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

   (a) A copy of the judgment of conviction.

   (b) A transcript of a prior trial, plea-taking, or sentencing.

   (c) Information contained in a presentence report.

   (d) The defendant’s statement.

   (9) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

   (10) As used in this section, “nonferrous metal” means a metal that does not contain significant quantities of ferrous metal but contains copper, brass, platinum-based metals, aluminum, bronze, lead, zinc, nickel, or alloys of those metals.

   John, you would probably fall under sub section (5). That would be a misdemeanor that is punishable by up to 93 days in jail. THIS DOES NOT MEAN YOU ARE GOING TO DO JAIL TIME. What this means is that the judge could punish you by that amount of jail time. More than likely, depending on a lot of factors including your record you will probably get a term of probation. We can probably also keep this off your record and your parents and any potential job opportunities will not find out.

   You need to get on this right away. My suggestion is to give us a call immediately so we can discuss this further. The number is provided below.

   Peter A. Torrice
   Canu Torrice Law
   32059 Utica Road
   Fraser, MI 48026
   586-285-1700
   http://www.alllegalmatters.com

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