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Larceny in a building in Michigan is a felony under MCL 750.360, punishable by up to 4 years in state prison, regardless of the value of what was taken. For MSU students, this charge arises in dorm rooms, libraries, and campus buildings without any breaking and entering required. A conviction affects enrollment, financial aid, and professional licensing. Benjamin J. Hall, a former Ingham County prosecutor, defends MSU students facing MCL 750.360 charges across East Lansing. Call 877-BEN-HALL.
Larceny in a building in Michigan is a felony under MCL 750.360, punishable by up to 4 years in state prison, regardless of the value of what was taken. A stolen $10 phone charger and a stolen $1,000 laptop carry identical felony exposure. Under MCL 750.360, this charge carries felony exposure and the right defense strategy, pursued early, can reduce or eliminate that exposure before it reaches conviction. MCL 750.360 is part of the Michigan Penal Code, Act 328 of 1931. It applies to the taking of money, goods, or property from inside any qualifying structure and Michigan courts have interpreted that broadly. Residence halls, libraries, dining facilities, and athletic buildings on MSU’s campus all fall within the statute’s reach.
What separates MCL 750.360 from general larceny under MCL 750.356 is critical. General larceny is a misdemeanor when the property value is under $1,000. Larceny in a building has no value threshold. The moment the taking occurs inside a qualifying building, you are facing a 4-year felony, not a misdemeanor.
The Five Elements the Prosecution Must Prove
To convict under MCL 750.360, the prosecution must prove every element below beyond a reasonable doubt. If the defense can raise a reasonable doubt on any single element, whether intent, consent, the building classification, or ownership of the property, the prosecution’s case under MCL 750.360 cannot result in a conviction.
MSU campus buildings qualify under MCL 750.360, and most students have no idea until after they have been charged. Under the statute, “schools” and “buildings used by the public” are explicitly listed as qualifying locations. Brody Hall, Snyder-Phillips Hall, Holmes Hall, Hubbard Hall, Case Hall, the Main Library, the Union, and dining halls are each a building under MCL 750.360. A student who takes a laptop charger from a study room in the Main Library faces the same 4-year felony exposure as someone who steals from an office or hotel. Most MSU students don’t learn this until after the arrest, which is exactly why calling a defense attorney before arraignment matters so much. Here is what surprises nearly every student: no breaking and entering is required. You do not have to force your way in. If you were lawfully inside as a resident, a guest, or a student using a campus space, and you took property without consent, MCL 750.360 still applies.
The aiding and abetting rule compounds this. A student who stood in the hallway while a roommate took something from another room faces the same felony penalties as the student who did the taking. “I didn’t take anything” is not a defense when the prosecution can establish knowing involvement. MSU Campus Police and, in some cases, the East Lansing Police Department handle these investigations, including surveillance footage, resident advisor reports, swipe card access logs, and witness statements. Before practicing criminal defense, Benjamin J. Hall served as a Michigan police officer, giving him direct experience with how law enforcement investigates, documents, and builds the kind of larceny cases that MSU students now face.
[IMAGE PLACEMENT 1 — Benjamin J. Hall attorney photo with caption: “Benjamin J. Hall, former Michigan prosecutor and police officer, defends MSU students charged under MCL 750.360 in East Lansing and Ingham County.”]
Under MCL 750.360, larceny in a building carries up to 4 years in state prison, and the value of what was taken has no bearing on that classification.
| Charge | Statute | Classification | Max Prison |
|---|---|---|---|
| Larceny in a Building | MCL 750.360 | Felony | 4 years state prison |
| General Larceny | MCL 750.356 | Misdemeanor / Felony | 1 year county jail |
| Retail Fraud — 1st Degree | MCL 750.356c | Felony | 5 years state prison |
Additional Consequences:
| Charge | Max Probation | Value Threshold | Breaking & Entering Required |
|---|---|---|---|
| Larceny in a Building | 5 years | None — felony regardless | No |
| General Larceny | 2 years | Determines misdemeanor vs. felony | No |
| Retail Fraud — 1st Degree | 5 years | Determines degree | No |
Beyond prison, a conviction carries fines and costs reaching thousands of dollars, up to 5 years of probation, and potential suspension of professional licenses. Michigan Advisory Sentencing Guidelines govern the range at Ingham County Circuit Court, but the 4-year statutory maximum is real. A felony conviction under MCL 750.360 shows up on every background check and cannot be undone by completing probation, which is why reducing or dismissing the charge before conviction is the goal. Benjamin J. Hall prosecuted MCL 750.360 cases in Ingham County courts. He has stood at the prosecutor’s table evaluating these exact charges, which means he knows where the sentencing leverage points are and how to use them for your defense.
[CTA 1 — FULL DARK BOX] A $10 Item Can Put a Felony on Your Record for Life. Under MCL 750.360, value doesn’t matter — the felony does. Former prosecutor Ben Hall defends MSU students in East Lansing and Ingham County. Get Your Free Consultation — 877-BEN-HALL
A felony charge under MCL 750.360 does not stay in the courtroom. The moment MSU Campus Police file a report, two separate processes begin running simultaneously. The MSU conduct track starts immediately. The MSU Office of Student Rights and Responsibilities opens a conduct case based on the same facts as the criminal charge. The MSU Dean of Students Office can impose academic suspension or expulsion independent of how the criminal case resolves. A student can be cleared in criminal court and still face removal from campus. Critically, a statement made in a conduct hearing can be used against a student in a criminal proceeding. Benjamin J. Hall, a former Ingham County prosecutor, former Michigan police officer, and Marine Corps veteran, manages both the criminal defense and the MSU conduct strategy simultaneously, because a mistake in one proceeding can damage the other. Federal financial aid, including FAFSA-based loans and Pell Grants, can be affected by a felony conviction, making early defense action critical for students who depend on that funding.
Professional licensing may be permanently affected. Michigan teaching certificates, nursing licenses, social work licenses, and bar admission require disclosure of felony convictions. Larceny in a building under MCL 750.360 is classified as a dishonest offence, which means Michigan licensing boards for teaching, nursing, law, and social work have discretion to deny or revoke a license based solely on this conviction. For international students, the stakes are higher. Larceny in a building is a crime of moral turpitude under federal immigration law. F-1 and J-1 visa holders and Green Card holders face deportation risk upon conviction. This is not theoretical; it is a documented consequence of this specific charge.
A charge under MCL 750.360 is not a conviction. The prosecution must prove all elements beyond a reasonable doubt. Each of the following defenses targets a specific element the prosecution must prove under MCL 750.360, and a successful challenge to any one of them is enough to defeat the charge.
Mistake defense. If the student genuinely believed the property was theirs, a similar backpack, an identical charger, the intent element fails. An honest mistake is not larceny.
Claim of right defense. A true belief that you had the right to take the item defeats the specific intent required under MCL 750.360. Not a blanket excuse, but a legitimate and underused defense.
Consent defense. If the owner authorized the taking, element two fails. Prior permission, consistent patterns of shared use, or reasonable reliance on permission all support this argument.
Challenging the “building” element. Not every campus location qualifies under MCL 750.360. Semi-public breezeways, unlocked outdoor storage areas, and open-air common spaces between residence halls present genuine arguments that the location element is not satisfied. This defense is rooted directly in the statute, and one that the prosecution rarely anticipates in the MSU campus context.
Pre-charge intervention. Before the Ingham County Prosecutor’s Office formally files, there is a window. Ben Hall, a former Michigan police officer and former Ingham County prosecutor, can engage the prosecutor directly, presenting mitigating facts and identifying weaknesses in the case file. That window closes at arraignment and cannot be recovered.
Plea negotiation to MCL 750.356. When full dismissal is not achievable, reduction to misdemeanor larceny eliminates felony exposure. People v Jankowski, 408 Mich 79, 289 N.W. 2d 674 (Michigan Supreme Court, 1980) established larceny in a building as a lesser included offence of armed robbery, a principle that informs how charges are structured and negotiated.
[IMAGE PLACEMENT 2 — Professional visual representing legal defense — scales of justice or courtroom setting — with caption referencing Ben Hall Law and MCL 750.360 defense in East Lansing, Michigan.]
What the Prosecution Will Argue in MCL 750.360 Cases
The Ingham County Prosecutor’s Office builds MCL 750.360 cases methodically, from MSU Campus Police incident reports, surveillance footage from residence hall common areas and library entrances, swipe card access records, and witness statements from roommates and resident advisors. They do not need a confession. Intent is established through circumstantial evidence: your presence, your access, the absence of any alternative explanation. Invoke your Fifth Amendment right to remain silent; anything you say to MSU Campus Police before an attorney is present becomes part of the prosecution’s case file. As a former Michigan police officer and Ingham County prosecutor, Ben Hall knows exactly how MSU Campus Police document larceny cases and what the Ingham County Prosecutor’s Office needs to secure a conviction and where both fall short.
[CTA 2 — LEFT BORDER BOX (ACTION)] There Are Real defense to MCL 750.360. Ben Hall Knows How to Use Them. As a former Ingham County prosecutor, Ben Hall knows exactly how these cases are built — and where they can be taken apart. Talk to a Former Prosecutor — Call 877-BEN-HALL
After an MCL 750.360 arrest on MSU campus, the case moves through a specific sequence starting at 54B District Court in East Lansing and potentially moving to Ingham County Circuit Court.
Step 1: MSU Campus Police Contact. MSU Department of Police and Public Safety investigates and forwards the case file to the Ingham County Prosecutor’s Office.
Step 2: Invoke Your Right to Remain Silent. Invoke your Fifth Amendment right to remain silent; anything you say to MSU Campus Police before an attorney is present becomes part of the prosecution’s case file.
Step 3: Contact Ben Hall Law Before the First Court Date. The pre-charge intervention window is open. Before the Ingham County Prosecutor’s Office formally files, Ben Hall, a former Michigan police officer and former Ingham County prosecutor, can engage the prosecutor directly. This window closes at arraignment.
Step 4: Arraignment at 54B District Court. 54B District Court, 101 Larch Street, East Lansing, MI 48823. The charge is read, a plea is entered, and bond conditions are set. Appearing at arraignment without an attorney means making critical decisions, bond conditions, plea entry, and case strategy without the guidance that can protect your options from day one.
Step 5: Probable Cause Conference. Scheduled within days of arraignment. The defense reviews evidence and explores early resolution.
Step 6: Preliminary Examination. The prosecution must show sufficient evidence to support the felony charge. Ben Hall can challenge evidence and cross-examine witnesses here before the case ever reaches Circuit Court.
Step 7: Bind-Over to Ingham County Circuit Court. If the charge proceeds, the case moves to Ingham County Circuit Court, 313 W. Kalamazoo Street, Lansing, MI 48933.
Step 8: Pre-Trial Motions, Plea Negotiations, or Trial. Motions to suppress or dismiss are filed here. Plea negotiations with the Ingham County Prosecutor’s Office occur at this stage.
Step 9: Sentencing. Michigan Advisory Sentencing Guidelines govern the range. Probation conditions, restitution, and prison exposure are determined at the Ingham County Circuit Court.
Running parallel to every step: the MSU Student Conduct hearing. The MSU Office of Student Rights and Responsibilities does not wait for the criminal case to be resolved. What you say or choose not to say in that process has direct implications for your criminal defense.
Ben Hall has stood on both sides of this process as a prosecutor moving cases through Ingham County courts and as a defense attorney stopping them.
HYTA, the Holmes Youthful Trainee Act under MCL 762.11, gives Michigan defendants under age 26 a path to resolve an MCL 750.360 felony without a public conviction entering their record. For most MSU students, this is the most important relief option available. Under HYTA, the court withholds a formal conviction while the defendant completes supervision. Complete all conditions, and the charge is dismissed, no public conviction, no felony on record, no disclosure required anywhere. Getting there requires an attorney. A HYTA petition must be filed at Ingham County Circuit Court, the Ingham County Prosecutor’s Office can object, and the judge decides. Prior statements to campus police, prior record issues, and how early defense counsel engaged with the prosecutor all affect whether HYTA is granted. HYTA eligibility can be damaged before a single court date. Students who speak freely to campus police or attend MSU conduct hearings without legal guidance give the prosecution material that makes HYTA opposition easier to argue.
For students who are not HYTA-eligible or have already been convicted, the Michigan Clean Slate Act MCL 780.621 provides a post-conviction expungement path. A meaningful remedy, but a second option, not a first choice. A third path exists: charge reduction to misdemeanor larceny under MCL 750.356 through plea negotiation removes felony exposure without requiring a HYTA petition when the facts support it. Ben Hall’s relationships inside the Ingham County court system matter when making the HYTA argument. He knows what the prosecutor’s office looks for before agreeing not to oppose a petition because he used to be on that side of the table.
[CTA 3 — LEFT BORDER BOX (SOFT)] A Clean Record Is Still Possible. But Only If You Act Now. HYTA under MCL 762.11 can keep this charge off your record — but the window closes fast, and it requires an attorney to protect it. Find Out If You Qualify — 877-BEN-HALL
Most criminal defense attorneys in Michigan have never set foot inside 54B District Court in East Lansing. They have never dealt with MSU Campus Police case files. They have never negotiated an MCL 750.360 charge with the Ingham County Prosecutor’s Office. Ben Hall is the lead attorney at Ben Hall Law, a former Michigan police officer, a former Ingham County prosecutor, and a United States Marine Corps veteran practicing criminal defense in East Lansing, and he does this work in the courts where your case will actually be heard.
As a former Michigan police officer, he knows how campus police build a larceny case, what goes into that file, what is often missing, and where the documentation is thin. As a former Ingham County prosecutor, he knows how the prosecutor’s office evaluates MCL 750.360 charges, what makes them pursue conviction and what creates room to negotiate. That combination is rare, and it is directly relevant to your case. An MCL 750.360 charge at MSU is never just a criminal case. It is a conduct case. A financial aid question. For some students, immigration matters. Ben Hall, former Ingham County prosecutor, former Michigan police officer, and Marine Corps veteran, manages both the criminal defense and the MSU conduct strategy simultaneously, because what happens in one room directly affects the other.
Calling a lawyer is not an admission of guilt. It is the only move that keeps all your options open.
Yes. Under MCL 750.360, larceny in a building is a felony regardless of the value of what was taken. A stolen $5 item and a stolen $5,000 item carry identical exposure up to 4 years in state prison. This is what makes MCL 750.360 fundamentally different from general larceny under MCL 750.356, where value determines the severity of the charge.
No. MCL 750.360 applies whether you forced entry or walked in lawfully as a resident, guest, or student. If you took property without consent from inside a qualifying building, including an MSU residence hall or the MSU Main Library, you can be charged under MCL 750.360 even if you had every right to be there.
The case begins at 54B District Court, 101 Larch Street, East Lansing, where arraignment and a probable cause conference occur. If the charge proceeds as a felony, it is bound over to Ingham County Circuit Court, 313 W. Kalamazoo Street, Lansing. Simultaneously, the MSU Office of Student Rights and Responsibilities opens a parallel conduct proceeding. Both require legal representation from the start.
It can affect both. The MSU Office of Student Rights and Responsibilities can impose academic suspension or expulsion independent of the court outcome. A felony conviction under MCL 750.360 can trigger loss of FAFSA-based federal financial aid. For F-1 and J-1 visa holders, a conviction classified as a crime of moral turpitude carries deportation risk under federal immigration law.
Yes, in many cases. Through plea negotiation with the Ingham County Prosecutor’s Office, MCL 750.360 can be reduced to misdemeanor larceny under MCL 750.356 or attempted larceny, eliminating felony exposure. The strength of the prosecution’s evidence, the defendant’s record, and the quality of the defense argument all affect whether a reduction is achievable.
Yes. HYTA, the Holmes Youthful Trainee Act under MCL 762.11, is available to defendants under 26 charged with MCL 750.360. A successful petition results in no public conviction upon completion of supervision. HYTA is not automatic; an attorney must petition at Ingham County Circuit Court, the prosecution can object, and the judge decides. Early representation protects eligibility.
Because the criminal case and the MSU conduct hearings run simultaneously on the same facts. Statements made in a conduct hearing without legal guidance can be used against a student in a criminal proceeding. HYTA eligibility can also be damaged by unrepresented statements to MSU Campus Police. Ben Hall handles both tracks simultaneously to protect students in both rooms. (Call 877-BEN-HALL for a free consultation before you conduct a hearing.)
If you or your student has been charged under MCL 750.360 in East Lansing or anywhere in Ingham County, the next 24 hours matter more than most people realize. The pre-charge intervention window closes at arraignment. HYTA eligibility can be damaged before a single court date. Statements made to MSU Campus Police without an attorney become part of the prosecution’s permanent case file. Every hour of delay is an hour the other side uses. Ben Hall Law is in East Lansing. Ben Hall practiced in Ingham County courts as a prosecutor. He knows 54B District Court, Ingham County Circuit Court, the MSU conduct process, and the Ingham County Prosecutor’s Office not from a distance, but from the inside.
Call 877-BEN-HALL now. The consultation is free. The earlier you call, the more options remain on the table. Ben Hall Law — 139 W Lake Lansing Rd, Suite 140, East Lansing, MI 48823
Legal Disclaimer: The content on this page is for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Every criminal case is unique. Contact Ben Hall Law directly for advice specific to your situation.
