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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27049
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can you tell me what the penalty is first time offense of

Customer Question

Customer: Can you tell me what the penalty is for a first time offense of larceny over $100,000 in Michigan? Does a prosecutor usually offer a plea agreement?
JA: Thanks. Can you give me any more details about your issue?
Customer: I would be happy too..About 6 months ago a close friend of mine paid $102,000.00 on my husbands mortgage......we drew up a contract and was going to have it signed and notorized the day he returned from his vacation...unfortunately he passed away while on Im being charged with larceny
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello and thanks for requesting me.

The seriousness of a theft offense in Michigan depends upon the value of what was taken. If the value is over $20,000, that would be a felony in Michigan. It would have a maximum possible penalty of ten years of imprisonment, and/or a fine of up to $15,000 or three times the value of the stolen, whichever is greater, so in this instance your fine could exceed $300K.

As for plea agreements, a defendant is never required to go to trial on a case. He can always get a plea agreement. The only issue is whether he's likely to want the plea agreement that he can get.

A prosecutor has the power to reduce or dismiss charges. He or she will look at the strength of his case, at the criminal history of the defendant, and the various facts and circumstances involved in the incident and make an offer based on what he thinks the case is worth. A judge can also make an offer, but a judge does not have the power to reduce or dismiss the charges.

Typically, on a first no-violent theft offense, prison can be avoided and the typical sentence is felony probation and restitution to the complainant. That is particularly true when the theft is not only a first offense but an isolated event. However, the amount involved is large, and so a non-incarceratory disposition may have to be negotiated for.