Larceny penalties in Michigan run from a 93-day misdemeanor for property worth under $200 up to a 10-year felony for property worth $20,000 or more, with fines that can reach three times the value of what was taken. Prior theft convictions can push a charge into the next tier even when the dollar amount wouldn’t get you there on its own, and shoplifting and pickpocketing are charged under separate statutes with their own penalty structures.
Penalty Tiers by Value of Property
MCL 750.356 sorts general larceny into four tiers based on what the stolen property is worth.1Michigan Legislature. Michigan Compiled Laws 750.356 – Larceny Each tier carries its own maximum jail or prison term and its own fine cap.
- Under $200: misdemeanor, up to 93 days in jail, a fine of up to $500 or three times the value of the property, whichever is greater.
- $200 to $999: misdemeanor, up to one year in jail, a fine of up to $2,000 or three times the value, whichever is greater.
- $1,000 to $19,999: felony, up to five years in prison, a fine of up to $10,000 or three times the value, whichever is greater.
- $20,000 or more: felony, up to 10 years in prison, a fine of up to $15,000 or three times the value, whichever is greater.
The “three times the value” rule matters more than it looks. On a $25,000 theft, the fine can reach $75,000 rather than stopping at the $15,000 listed cap. Michigan’s highest tier stops at $20,000, so there is no separate bracket for a $100,000 theft; anything at or above $20,000 falls into the same 10-year felony category.
To convict, prosecutors must prove you took property belonging to someone else, that the property had value, and that you intended to keep it permanently. A short-term borrowing, even a rude one, is not larceny without that permanent-deprivation intent.
How Prior Convictions Escalate the Charge
Michigan doesn’t stop at the dollar amount. If you have prior theft convictions, the statute moves you up a tier.1Michigan Legislature. Michigan Compiled Laws 750.356 – Larceny
- One prior conviction plus a theft under $200: the 93-day misdemeanor becomes a one-year misdemeanor with a fine up to $2,000.
- One prior conviction plus a theft of $200 to $999: the one-year misdemeanor becomes a five-year felony with a fine up to $10,000.
- Two or more prior convictions plus a theft of $1,000 to $19,999: the five-year felony becomes a 10-year felony with a fine up to $15,000.
The prosecutor has to list the priors on the complaint and information, and a judge decides at sentencing (or a separate hearing) whether they’ve been proven. The practical result: a second theft of a $150 item can carry up to a year in jail instead of 93 days, and a third offense involving $1,000 or more can carry up to a decade in prison.
Larceny From a Person
Taking something directly from someone’s body or immediate possession is charged under a separate statute. Pickpocketing or snatching a bag from someone’s hand is a felony punishable by up to 10 years in prison, regardless of the value of what was taken.2Michigan Legislature. Michigan Compiled Laws 750.357 – Larceny From the Person There is no dollar threshold. Picking someone’s pocket of $20 carries the same maximum sentence as stealing $20,000 in a general larceny case.
Retail Fraud Penalties
Shoplifting is not charged as general larceny in Michigan. It falls under the retail fraud statutes, which cover taking merchandise, switching price tags, and running fraudulent refunds. The statute has three degrees.
First-Degree Retail Fraud
Applies when the merchandise is worth $1,000 or more. It’s a felony punishable by up to five years in prison, a fine of up to $10,000 or three times the value, whichever is greater.3Michigan Legislature. Michigan Compiled Laws 750.356c – Retail Fraud First Degree Prosecutors can add up the value of merchandise stolen in separate incidents over any 12-month period to hit the $1,000 threshold, so repeated small thefts from the same retailer can be aggregated into a single felony.
Second-Degree Retail Fraud
Covers merchandise worth $200 or more but less than $1,000. It’s a misdemeanor carrying up to one year in jail and a fine of up to $2,000 or three times the value, whichever is greater.4Michigan Legislature. Michigan Compiled Laws 750.356d – Retail Fraud Second and Third Degree A third-degree offender with one or more prior theft convictions can also be charged at this level.
Third-Degree Retail Fraud
Covers merchandise worth under $200. Misdemeanor, up to 93 days in jail, fine of up to $500 or three times the value, whichever is greater.4Michigan Legislature. Michigan Compiled Laws 750.356d – Retail Fraud Second and Third Degree
Restitution on Top of Criminal Penalties
Fines and jail time are not the whole bill. When a conviction involves property loss, Michigan courts must order restitution: either return of the stolen property or payment of its fair market value or replacement cost.5Michigan Legislature. Michigan Compiled Laws 780.766 – Restitution Restitution is mandatory. It applies even when the case is resolved through deferred judgment or youthful-trainee status.
Civil Demand in Shoplifting Cases
Retailers have a separate financial claim that runs alongside any criminal case. Under Michigan law, a merchant can demand the full retail price of any unrecovered or unsalable merchandise plus civil damages equal to 10 times the retail price, with a $50 floor and a $200 cap.6Michigan Legislature. Michigan Compiled Laws 600.2953 – Civil Recovery for Retail Fraud The store sends a written demand. If it isn’t paid within 30 days, the retailer can file a civil suit and add attorney fees and court costs. That civil claim moves on its own track, so a shoplifting defendant can face both the criminal charge and the civil demand at the same time.