Legal Question in Criminal Law in Michigan
Laws in Mich.
Ok. I am wondering what is the difference between larceny of a motor vehicle and malicous destruction of property. If someone threw a brick threw my car window and stole my I-Pod is it now a felony larceny of motor vehicle, or is it larceny from a motor vehicle misdemeanor, and malicious destruction of property. Both statutes kind of intertwine. Thanks in advanced.
2 Answers from Attorneys
Re: Laws in Mich.
The prosecutor would have to make that call. The value of the ipod is also at issue to make something a felony. Tim klisz
Re: Laws in Mich.
In your situation, the prosecutor has quite a few charges to choose between ... both misdemeanors and felonies. They include various levels of B&E Auto With Intent to Steal (where the level of charge is determines by the value of what was stolen); B&E Auto With Intent to Steal Causing Damage (a felony); a general Larceny charge (the level determined by the item's value); Malicious Destruction of Personal Property ((the level determined by the item's value); etc.
Larceny From a Motor Vehicle (a felony) is also a possible charge to issue, but unlikely. This is usually charged when something attached "to" the car (e.g., wheel, tire, radio, stereo) is stolen. But the statue also applies to electronic devides connected to the car (e.g., telephone, computer). Personally, I would probably not issue this crime where an iPod is stolen. I'd look at one of the other charges listed above.
One of the responsibilities that a prosecutor has is to decide both which charge(s) among several possible charges CAN be issued, and which charge(s) SHOULD be issued. Factors include the defendant's prior record, the egregiousness of certain facts, etc. Prosecutors have wide charging discretion. In a case like yours, that discretion can result in a wide range of charges and levels of charges being issued.
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