Larceny in a Building (MCL 750.360) is a 4 year maximum felony offense. Any person who shall commit the crime of larceny by stealing in any dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill, factory, hotel, school, barn, granary, ship, boat, vessel, church, house of worship, locker room or any building used by the public shall be guilty of a felony. Common examples of Larceny in a Building include: the theft of money from a home by a babysitter; the theft of a computer at a school by a student; the theft of office equipment by a janitor cleaning an office for the tenant of the landlord (however if the same janitor stole while cleaning his employer’s business, the crime would be embezzlement).
A person who aids and abets in the commission of a Larceny in a Building by being a "driver" or "look out" is just as responsible as main offender or the leader under Michigan law.
Larceny in a Building is treated very serious in Michigan. It is recommended that you first exercise your right to remain silent and second hire a skilled criminal defense lawyer as soon as possible after your arrest for the following reasons:
1. You have a better chance of receiving a reasonable bail or bond through effective legal representation.
2. The lawyer can prepare the case for preliminary examination to work for possible dismissal, lay the groundwork for possible motions, develop testimony to impeach witnesses, and develop defenses for trial.
3. If you want to fight the case at trial, the potential defenses to Larceny in a Building include but are not limited to reasonable doubt, lack of intent, mistaken identity, alibi, consent, claim of right, and duress. You need a skilled criminal defense attorney, such as the lawyers at Hilf & Hilf, PLC, to prepare and conduct the trial and/or defense to give you the best chance of winning.
4. If you plan to plead guilty, the Defense lawyer can work to achieve the best result through possible plea bargains, possible Cobbs agreements, persuasive lawyering, proper scoring of the Michigan Sentence Guidelines, successful arguments concerning possible sentencing options such as HYTA - Holmes Youthful Trainee Act, SAI Bootcamp, drug and alcohol treatment. Every case is different, and whether or not the factors in this paragraph apply depends upon your history, the facts of the allegation, the Prosecutor's office, and the Judge assigned to the case.
Sometimes in life you only have one opportunity to get the right result.
Hiring the right criminal defense lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.