Theft Defense Lawyer in Grand Rapids, MI
A charge of theft, larceny, or retail fraud doesn’t have to define you, and it doesn’t mean that you’re guilty. The sooner you speak with an experienced defense attorney, the stronger your case could be. At Barrix Law Firm, we take immediate action to challenge the evidence and protect your freedom and your future.
Contact us today to get the legal defense you deserve.
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Experienced Representation for Larceny & THEFT
In Grand Rapids and other parts of West Michigan, theft, shoplifting, and property crimes are more common than many realize. If you’ve been accused of retail fraud or larceny, it’s easy to feel overwhelmed. Theft is not always a crime of opportunity. Many people find themselves in difficult situations that call for desperate choices due to financial troubles, family needs, or tough times.
Unfortunately, even petty theft can result in harsh penalties, including fines and jail time. Many individuals face lasting consequences that affect their ability to get a job or find housing. With a strong defense strategy, some of these consequences could be avoided. The good news is that an accusation is not a conviction. An experienced Grand Rapids theft defense lawyer at Barrix Law Firm can provide personalized legal advice that could make a significant difference in the outcome of your case.
We’re here to protect your rights. Schedule a free, confidential consultation today.
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Types of Theft Crimes We Defend in West Michigan
In Michigan, theft is legally referred to as larceny. This term encompasses a variety of offenses, ranging from shoplifting to embezzlement and complex financial schemes. The seriousness of the charge depends on several factors, including the value of the property involved and whether you have any prior convictions. Here are some of the most common theft-related charges that we defend in Grand Rapids, Kentwood, Wyoming, and surrounding parts of Kent County.
Retail Theft
Michigan recognizes 3 degrees of retail fraud or shoplifting based on the value of the items taken and whether the person has a prior conviction for theft.
Larceny
Larceny is the most general form of theft. It can include anything from shoplifting and pickpocketing to stealing items from a vehicle or building. In Michigan, larceny occurs when tangible personal property is taken without consent with the intent to permanently deprive the owner.
Auto Theft
In Michigan, auto theft is classified as the unlawful driving away of an automobile (UDAA) per MCL § 750.413. It’s a Class E felony according to sentencing guidelines. Although there’s no minimum sentence, it carries a potential penalty of up to 5 years in prison.
Receiving or Concealing Stolen Property
In Michigan, knowingly buying, possessing, receiving, or concealing stolen property can be a misdemeanor or felony depending on the value of the property.
Robbery
Theft with the use of physical force or threats of violence carries serious penalties in Michigan as detailed in sections 750.529 and 750.530 of the state’s penal code. Armed or unarmed robbery carries a penalty of up to 15 years in prison, and aggravated robbery can have a sentence of 20 years or more.
Embezzlement
As defined in MCL § 750.174, embezzlement is a form of theft perpetrated by someone who is in a position of trust, such as an employee, bookkeeper, or accountant. The taking of property for personal use without consent becomes a felony if the value of the property is $1,000 or more.
Identity Theft
Michigan has instituted harsh penalties for anyone convicted of identity theft, particularly if it is a repeat offense. For a first-time offender, identity theft is a felony that can result in up to 5 years in prison and a $25,000 fine. Individuals must also pay restitution to their victims.
Burglary
In Michigan, burglary is defined as the unlawful entering of a home or building with the intent to commit a crime. Breaking and entering can result in multiple charges, including home invasion for entering the building and larceny for taking personal property.
Penalties for Theft in Grand Rapids
Penalties for theft can be severe, even for low-value items. Consequences typically vary based on the item’s total cost. Additionally, previous theft convictions can lead to harsher penalties and fewer plea options. Here are some possible penalties if you are convicted, which may include jail time, fines, or both:
| Theft Type | Classification | Sentence | Fines |
|---|---|---|---|
| 3rd-Degree Retail Fraud (Under $200 AND No Prior Conviction) | Misdemeanor | Up to 93 days in jail | Up to $500 or 3x the item’s value, whichever is greater |
| 2nd-Degree Retail Fraud ($200-$1,000) | Misdemeanor | Up to 1 year in jail | Up to $2,000 in fines or 3x the item’s value, whichever is greater |
| 1st-Degree Retail Fraud ($1,000+ OR Under $1,000 With Prior Conviction) | Felony | Up to 5 years in prison | Up to $10,000 in fines or 3x the item’s value, whichever is greater |
| Theft Over $20,000 OR 2+ Prior Theft Convictions | Felony | Up to 10 years | Up to $15,000 or 3x the item’s value, whichever is greater |
Other Consequences
- A Permanent Criminal Record: Criminal convictions can remain on your record indefinitely, unless you qualify to have the conviction expunged. Theft convictions could affect your ability to get a job or rent a home.
- Loss of Professional Licenses: Theft and financial crimes can affect your ability to get or renew professional licenses in finance, real estate, and other fields.
- Restitution: In many cases, the judge will order the defendant to repay the victim for any property that was stolen.
- Immigration Consequences: Even minor crimes like shoplifting can have serious consequences for non-citizens who are visiting Michigan on a visa or green card.
Theft Defense Strategies: How an Attorney Can Help
If you have been arrested or accused of a theft-related crime, it does not mean that you will be convicted. The prosecutor must still prove every element of the alleged crime beyond a reasonable doubt, which is the highest legal standard of proof. If there’s any uncertainty about the facts of the case or who committed the crime, you could be acquitted. Here are a few possible defense strategies that your attorney may consider.
- Challenging the Evidence: The prosecutor must have sufficient evidence of a crime. If the item’s value was overstated or the chain of custody was broken, your attorney may be able to use this information in your favor.
- Lack of Intent: In some cases, your attorney may argue that you did not intend to take the property. For example, you may have accidentally forgotten to pay for an item in the bottom of your shopping cart.
- Mistaken Identity: Security footage is often grainy or unclear, making it difficult to see who is on camera or if they stole anything. Eyewitnesses can also be unreliable.
- Illegal Search and Seizure: Prosecutors may have difficulty proving the case if the police violated your constitutional rights.
- Plea Deals: In some cases, your attorney may be able to negotiate with the prosecutor to have your charges reduced or dismissed through a diversion program.
Why Choose Barrix Law Firm for Your Theft Case
The attorney that you choose can have a direct impact on the outcome of your case. A qualified Grand Rapids criminal defense lawyer can provide legal guidance to help you understand your rights and protect yourself from self-incrimination during law enforcement interrogations. If your case proceeds to court, your attorney can develop a solid legal defense and work to negotiate a favorable plea deal. Here are a few reasons why clients in Kent County and West Michigan choose our team.
- Decades of Experience: Founding attorney Jason S. Barrix has over 32 years of criminal defense experience to protect your rights and give you insight into the legal process.
- Personalized Legal Services: With Barrix Law Firm, you won't be passed off to a paralegal or junior associate. We work closely with each client to provide personalized legal services and defense strategies tailored to your situation.
- Experience & Results: While there’s no way to guarantee the outcome of your case, we have a track record of proven results, including case dismissals, charge reductions, acquittals, and favorable plea deals for our clients.
- Local Insight: Our team has in-depth knowledge of Michigan laws and local courts, including the 61st District Court and the 17th Circuit Court. We have a clear understanding of how local prosecutors and judges approach theft cases.
- Value Billing: We handle most criminal cases using a flat-rate billing system based on the complexity of your case and the value of the services provided. This provides greater transparency and prevents surprise bills.
- We’re Here When You Need Us: Criminal charges don’t always happen during business hours. That’s why we offer 24/7 availability. We’re only a phone call away when you need us most.
Grand Rapids Theft Defense FAQs
Should I Talk to the Police if I'm Accused of Theft?
No, you do not have to answer any questions. Anyone who is taken into custody should be read the Miranda warning, which states that you have a right to remain silent, you have the right to an attorney, and if you choose to answer any questions, anything you say can be used against you. In most cases, it’s wise to politely decline any questions and state that you wish to speak to an attorney.
I Was Shoplifting in Grand Rapids for the First Time. Will I Go to Jail?
While it is possible depending on the facts of the case, many first-time offenders qualify for probation or diversion programs, such as community service and counseling. If you’re concerned about facing jail time and other penalties, speak to an attorney as soon as possible.
Can You Help if There Is Video Evidence of Me?
Video evidence does not always result in a conviction. Surveillance footage is often grainy or of poor quality. Your attorney may be able to challenge the evidence based on the quality of the video, the context, and what it proves.
I Was Convicted of Theft. Can I Have the Charge Removed From My Record?
In some cases, you may be able to have a theft conviction expunged from your record. This can depend on the facts of the case and other factors. Contact us today to determine if your conviction is expungable.
What Should I Do if I Am Accused of Shoplifting in Grand Rapids?
If you’re accused of shoplifting or stopped by security personnel, the first step is to stay calm and seek legal advice from a theft attorney in Grand Rapids. Contact our office immediately if you need assistance. Do not sign any documents or waivers in the store without speaking to a lawyer first. Our team can step in to protect your rights, assess the facts, and start building your defense.
Schedule a Confidential Consultation Today
If you’ve been accused of theft or larceny, don’t wait to consult an attorney. The right to representation is a key part of the Sixth Amendment of the U.S. Constitution. You have a right to speak to an attorney before answering any legal questions that law enforcement may have. In many cases, the sooner you have an attorney, the better chance you have for a favorable outcome. Contact our Grand Rapids theft defense lawyer today to protect your future.
