Robbery

In Michigan, there are several offenses which can constitute Robbery, including: Armed Robbery; Unarmed Robbery; Assault with Intent to Rob while Armed; Assault with Intent to Rob while Unarmed; Carjacking; Bank, Safe, and Vault Robbery; and Home Invasion. All of these offenses are felonies, and require the assistance of an experienced criminal defense lawyer.

Armed Robbery in Michigan is a life maximum offense, that carries a mandatory prison sentence. If an aggravated assault or serious injury occurred during the commission of this offense, the prison sentence cannot be less than 2 years on the minimum prison sentence.

At trial, the Prosecution has the burden of proving the following 5 elements beyond a reasonable doubt:

1) the Defendant used force or violence against the victim, or put the victim in fear

2) the Defendant did so while he or she was in the course of committing a larceny. Larceny means the taking and moving of someone elses property or money with the intent to permanently deprive them of it. This includes acts that occur during the commission of the larceny, in flight or attempted flight after the larceny, or in an attempt to retain possession of the property or money

3) The victim was present while the Defendant was in the course of committing the larceny

4) The Defendant possessed a weapon or an object capable of causing death or serious bodily injury, OR possessed an object used or fashioned in a manner to lead a person who was present to reasonably believe that it was a dangerous weapon, OR the Defendant represented orally or otherwise that he or she was in possession of a weapon.

Hence, even if a person just implies that they have a gun, bomb, or other harmful device (but doesn’t actually posses the object in question) – it is enough to satisfy the elements for Armed Robbery. When an actual firearm is involved, the Prosecution will also charge the offense of Felony Firearm (Use of a Firearm in the Commission of a Felony), which carries a mandatory 2, 5, or 10 year consecutive sentence depending upon the prior history of the Defendant. To defend any robbery charge requires the assistance of a skilled and experienced criminal defense lawyer.

Uarmed Robbery is a 15 year felony in Michigan. At trial the prosecution must prove the following beyond a reasonable doubt:

1) the Defendant used force or violence against the victim, or put the victim in fear

3) The victim was present while the Defendant was in the course of committing the larceny

In many instances, a simple misdemeanor retail fraud can become anArmed Robbery or Unarmed Robbery based upon a struggle that ensues with a loss prevention officer while attempting to escape. Oakland County, in particular, is notorious for pursuing Armed Robbery or Unarmed Robberycharges for this type of behavior.

Assault with Intent to commit Armed Robbery is a life maximum offense.Assault with Intent to commit Unarmed Robbery is a 15 year felony. To prove these offenses the Prosecution must establish beyond a reasonable doubt that:

1) the Defendant assaulted the victim. There are 2 ways to commit an assault. Either the Defendant attempted or threatened to do an immediate injury to the victim, and was able to do so, OR the Defendant must have committed an act that would cause a reasonable person to fear or apprehend an immediate injury

2) That at the time of the assault the Defendant intended to commit robbery. It is not necessary that the Defendant actually took any money or property to prove this offense.

3) In cases involving Assault with Intent to commit Armed Robbery, the prosuection must also prove beyond a reasonable doubt that the Defendant must have been armed with a weapon or an object capable of causing death or serious bodily injury, OR possessed an object used or fashioned in a manner to lead a person who was present to reasonably believe that it was a dangerous weapon.

Carjacking is also a life offense in Michigan. The Prosecution has the burden of proving beyond a reasonable doubt that:

1) the Defendant used force or violence against the victim, or put the victim in fear

2) the Defendant did so while he or she was in the course of committing a larceny of a motor vehice. Larceny means the taking and moving of someone elses motor vehicle with the intent to permanently deprive them of it. This includes acts that occur during the commission of the larceny, in flight or attempted flight after the larceny, or in an attempt to retain possession of the motor vehicle.

3) The Victim was either a operator, passenger, person in lawful possession, or person attempting to recover possession of the motor vehicle.

Bank, Safe, and Vault Robbery is also a life offense in Michigan. The Prosecution has the burden of proving beyond a reasonable doubt that:

1) the Defendant attempted to break into, damage, or destroy a named money depository, whether he or she succeeded or not

2) the Defendant intended to commit a larceny or other felony. It is not necessary that that crime is actually completed.

Bank Robbery can also be the classic situation of a person going into a bank with a note or a weapon, asking or implying that the teller to improperly hand over money. Bank Robbery can be prosecuted by the State, Federally, or by both, depending upon the discretion of Prosecutors and law enforcement.

Home Invasion First Degree can also be looked as a robbery in some instances. First Degree Home Invasion is a felony in Michigan which carries possible incarceration of up to 20 years in prison, a possible fine of up to $5,000 (five thousand dollars), or both. A person who breaks and enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling without permission, and at any time while he or she is entering, present it, or exiting the dwelling commits a felony, larceny, or assault can be charged with Home Invasion in the First Degree if at any time while the person is entering, present in, or exiting the dwelling either of the following exists:

(a) the person is armed with a deadly weapon

(b) Another person is lawfully present in the dwelling.

For all of these offenses the consequences are often severe: long loss of freedom, fines and restitution, and a permanent criminal record. For persons convicted of Armed Robbery, Unarmed Robbery, Assault with Intent to Rob while Armed, Assault with Intent to Rob while Unarmed, Carjacking, Bank, Safe, and Vault Robbery, and/or Home Invasion, the Michigan sentencing guidelines escalate quickly based upon the Defendants prior criminal record, any pending criminal allegations, probation/parole status, and the circumstances surrounding the case.

A person who aids and abets in the commission of any of these offenses by being a “driver” or “look out” is just as responsible as the person who entered the home under Michigan law. Prosecutors are very aggressive in their attempts to secure convictions against even someone who aids and abets for these type of offenses.

The Defendant is also not eligible for Holmes Youthful Trainee Act, or the Michigan Department of Corrections SAI Boot Camp, for any life maximum offenses (HYTA is possible for Unarmed Robbery and Home Invasion; SAI Boot Camp is possible for Home Invasion charges under some circumstances).