Can I Be Held Civilly Liable for Theft in Michigan?Jan 03, 2018, by Criminal Defense, Legal Blog, Theft in
Michigan law can be very harsh on those who are considered to have stolen the property of another. Often referred to as larceny, theft in Michigan relates to taking money, goods, or records that belong to another. A conviction for theft requires it to be shown that you acted with intent. Depending on the details of your situation, you can be facing a misdemeanor or felony. Additionally, you can be civilly liable for theft, and therefore be required to pay the alleged victims damages for their losses.
If you have been arrested for theft and fear serious criminal and civil legal action, it is important to have a skilled and competent defense attorney. To speak with an experienced Detroit theft lawyer, contact us at Davis Law Group as soon as possible.
Contact us today at (313) 818-3238 for a free case consultation.
Michigan Law Makes Possible Civil Liability For Theft Clear
Anyone can file a lawsuit against you and win damages if they can show that you are responsible for their losses in theft cases. While many times we consider civil lawsuits to be for instances of negligence, you can still lose a case if you are found to be responsible for someone’s losses by a preponderance of the evidence presented. If you have lost a criminal case for theft, it will be much easier for the alleged victim to argue that you are responsible in a civil lawsuit.
In an effort to provide extra protection for retailers, Michigan Legislature 600.2953 establishes civil liability to anyone who is convicted of retail fraud in the first, second, or third degree. In this situation, the owner of the retail establishment can be awarded up to 10 times the value of the property if it’s theft results in either:
- The property is never returned
- The property is returned, but not in a condition to sell at its previous value
Parents In Michigan Can Be Civilly Liable For Theft Committed By Their Children
If you are the parent of a child who has been arrested or otherwise accused of theft, you may be sued and required to pay damages to the victim of your child’s offense. It can be very appealing for someone to sue the parents of the child who they believe harmed them since the child often does not have the assets to pay any damages themselves. Michigan law has seen many cases where parents were found to be partially responsible for their children’s poor behavior, and therefore liable to pay damages.
Codified in Michigan Legislature 600.2913, the state details how a parent can be responsible for the intentional actions of their child. If someone is to win civil damages against you due to your child’s actions, they must prove the following:
- Your child is a minor who still lives in your home and was under your supervision at the time of the crime.
- The child’s action was intentional with the purpose to steal or harm. theirs.
A Detroit Theft Lawyer Can Help If You Are Accused of Theft
Theft charges can be very serious depending on the details of your case. If convicted of a theft offense, you may be facing large fines and a long prison sentence. Additionally, it is common for the victims of theft to sue those who are accused of taking their property. It is important to act quickly while defending yourself against accusations of theft, and skilled Detroit theft lawyer Maurice Davis can help protect your rights if you are in this difficult position.