Crimes

March 12, 2012

Extortion

There are 2 different types of extortion under Michigan law: threats of harm; and threats to accuse another of a crime. The crime of Extortion carries a maximum possible punishment of up to 20 years in prison. Michigan Compiled Law 750.213 provides that “Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife, or child of another with intent thereby to extort money or any pecuniary advantage, whatever, or with intent to compel the person so threatened to do or refrain from doing any act against his or her will, shall be guilty of a felony…”. Extortion threats must be written or stated – gestures alone are insufficient.

Any threats of extortion, if they coerce the alleged victim to submit to sexual penetration or sexual contact, are treated separately under Criminal Sexual Conduct laws. The penalty for this type of an offense is usually severe, but varies based upon the nature of the sexual act in question (See MCL 750.520 et al).

Typically, the Extortion does not cover threats where the act required of the victim is minor with no serious consequences to the alleged victim. A threat of harm in the future to an alleged victim if he or she speaks to the police about a crime committed against him or her, would constitute extortion. However, charging decisions are always within the discretion of the City Attorney, Prosecutor, or Attorney General. The involvement of an experienced criminal defense attorney in some instances may convince the Prosecuting authority that the act in question is of minor degree, or untrue, and that an Extortion charge should not be pursued.

March 12, 2012

Child Sexually Abusive Activity

by Hilf & Hilf, PLC

There are 3 different types of conduct in Michigan that constitute Child Sexually Abusive Activity:

First, pursuant to MCL 750.145c(2), creating child sexually abusive material through knowingly persuading, inducing, enticing, coercing, causing, or allowing a child to engage in child sexually abusive activity, or the producing, making, or financing of any child sexually abusive activity or material. This offense carries a possible penalty of up to 20 years in prison, or a fine of not more than $100,000, or both. Under the Michigan Sex Offenders Registration Act, this is a Tier II listed offense.

Second, pursuant to MCL 750.145c(3), distributing, promoting, or financing the distribution or promotion of any child sexually abusive material. This offense carries a possible penalty of up to 7 years in prison, or a fine of not more than $50,000, or both. Under the Michigan Sex Offenders Registration Act, this is a Tier II listed offense.

March 4, 2012

Criminal Sexual Conduct First Degree

by Hilf & Hilf, PLC

Criminal Sexual Conduct in the First Degree (MCL 750.520b), also known as CSC 1st Degree, is the most serious of all sex offenses in Michigan. Criminal Sexual Conduct in the First Degree can involve children or adults depending upon the circumstance, and always involve some form of rape or sexual penetration. The penalties for 1st Degree Criminal Sexual Conduct, upon conviction, are severe:

1) CSC 1st Degree carries a maximum sentence of up to life in prison. The minimum prison sentence will be lengthy due to quickly escalating sentencing guidelines which the Court will follow in almost all cases;

2) If the victim is younger than 13 years old, there is a mandatory minimum sentence of 25 years in prison;

February 18, 2012

Non Sufficient Funds Check – NSF Checks

by Hilf & Hilf, PLC

For the offense of Nonsufficient Funds (NSF) Check, the Prosecution must prove the following elements beyond a reasonable doubt:

1) That on a particular date the Defendant wrote or delivered a check, draft, or money order to a named individual or entity for a specific dollar amount;

2) The check, draft, or money order was drawn on a particular bank;

February 15, 2012

Arson of Personal Property

by Hilf & Hilf, PLC

When a fire occurs, the law assumes that it had a natural or accidental cause unless the Prosecution can prove beyond a reasonable doubt that the fire was set intentionally.

Arson of a Dwelling House is a 20 year maximum felony under Michigan law. The crime of Arson of a Dwelling House has 3 elements that the Prosecution must prove beyond a reasonable doubt in order to convict:

1) The Defendant burned the home or dwelling in question. Burn means to either set fire, do anything that results in the starting of a fire, or helping or persuading someone else to start a fire. If any part of the home is burned, no matter how small, that is all that is necessary to count as burning – the property does not have to be completely destroyed. Blackend by smoke is not considered as burning; any charring is considered as burning.

February 15, 2012

Unlawful Driving Away of an Automobile – UDAA

by Hilf & Hilf, PLC

There are a number of different criminal offenses related to the stealing or unlawful use of an automobile in Michigan. If charged with one of these offenses, you should seek the help of an experienced criminal defense attorney.

Unlawfully Driving Away an Automobile (UDAA) is a felony in Michigan that carries a maximum sentence of 5 years of incarceration. To prove this crime, the prosecution must establish beyond a reasonable doubt that the Defendant did either buy, possess, conceal, or aid in the concealment of a stolen motor vehicle, knowing or having reason to know or reason to believe that the motor vehicle was stolen, embezzled, or converted. The prosecution must prove that this was done without authority or without the owner’s permission. Also, it does not matter if the Defendant intended to keep the vehicle.

Unlawful Use of an Automobile (Unlawful Use of a Motor Vehicle) is a lesser offense of Unlawfully Driving Away an Automobile. The difference between these two offenses is that Unlawfully Driving Away an Automobile involves the unlawful taking of the Motor Vehicle in the first place. Unlawful Use of an Automobile applies if the Defendant got possession of the vehicle lawfully in the first place but then used it in a way that he or she knew was unauthorized.

February 15, 2012

Perjury

by Hilf & Hilf, PLC

Perjury in Michigan is treated as a serious offense because it attacks the integrity of the judicial system. Without question persons have been falsely convicted and imprisoned on the basis of lies and deceit, and providing an effective deterrent to such behavior is necessary. However, perjury charges sometimes come about as retaliation for failing to testify in a manner consistent with the Prosecution’s theory of the case. With Prosecutors there is always a balancing in these matters between gaining conviction, not deterring witnesses from stepping forward to testify, preserving the integrity of the system, protecting law enforcement or maintaining a relationship with law enforcement, and the interests of justice.

To prove Perjury beyond a reasonable doubt the prosecution must establish that:

1) The Defendant was legally required to take an oath in a proceeding in a court of justice. An Oath is a solemn promise to tell the truth;

February 14, 2012

Felony Murder

by Hilf & Hilf, PLC

There are 3 main murder charges in Michigan: First Degree Murder (also known as premeditated murder); Felony Murder; and Second Degree Murder. First Degree Murder and Felony Murder both carry as punishment life in prison without parole. Second Degree Murder carries the possibility of parole after many years in prison. To prove the crime of First Degree Murder beyond a reasonable doubt the prosecution must establish that:

1) The victim died;

2) The death was caused by the Defendant;

February 10, 2012

Robbery

by Hilf & Hilf, PLC

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:

January 31, 2012

Reckless Driving

by Hilf & Hilf, PLC

Reckless Driving in Michigan is viewed as a criminal offense. According to MCL 257.626 “…a person who operates a vehicle upon a highway or frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. If a conviction occurs, the punishment is set by the sentencing Judge within the limits described above. The Michigan Secretary of State also penalizes the driver by assessing 6 points to his or her license for 2 years from the date of conviction. However, this particular offense is not subject to expungement, and will always remain a part of the individual’s criminal and driving record upon conviction.

If another driver or pedestrian is injured or killed because of the reckless driving, the charge evolves into a felony. Reckless Driving Causing Death, pursuant to MCL 257.626(4) is a felony that carries a potential prison sentence of up to 15 years. Reckless Driving Causing Serious Impairment, pursuant to MCL 257.626(3), is a felony that carries up to 4 years in prison. Reckless or Careless Driving Resulting in a Miscarriage or Stillborn is a 2 year maximum felony offense. Likewise, these offenses result in drivers license sanctions. The driver is also potentially subject to a civil lawsuit which could result in a large money judgment.

Because Reckless Driving is viewed as a criminal offense, the accused driver must appear in Court, and cannot resolve the matter by just sending a check to the District Court for the city in which the allegation arose. A lawyer is required for this type of charge. For any criminal offense, the accused has the Constitutional protections of legal representation, a presumption of innocence, the burden of proof (beyond a reasonable doubt) resting with the prosecution, trial before a Judge or Jury, the right to confront witnesses, the right to compel witnesses to appear at trial, the right to testify, and the right to remain silent. When accused of any crime, it is recommended that you hire an experienced criminal defense attorney, such as the attorneys at Hilf & Hilf, PLC.