Expert Michigan Armed Robbery Defense

 

What is Armed Robbery?

Robbery is defined as a theft crime where somebody uses threat or force to permanently take property from another person. An armed robbery conviction is a felony with a maximum penalty of life in prison.

 

If the robbery involves a serious injury or aggravated assault, there is a minimum penalty of at least two years in prison. Robbery without a dangerous weapon, called unarmed robbery, is still a felony punishable by up to 15 years in prison.

 

In order to get a conviction of armed robbery, the prosecutor must prove each of the following elements beyond a reasonable doubt:  

 

First, the defendant committed violence against or used force, put in fear, or assaulted another human being.

 

Second, that the accused did this while committing larceny.  “Larceny” is the taking of a person’s property or money with the intent to permanently deprive them of possession.

 

An attempt to commit larceny, fleeing the scene of a larceny, and other situations are also included in this definition. Additionally, the alleged victim subject to the larceny needs to have been present while the defendant committed the act.

 

Third, while the accused was “in the course of committing the larceny,” he or she

1) had a dangerous weapon capable of causing serious injury or death; or 

2) had any other item capable of causing serious injury or death that was used as a weapon; or 

3) had an object that was used or made in a way to lead the person present to believe it was indeed a dangerous weapon; or 

4) told the victim or otherwise represented that the accused had a weapon.

 

Lastly, if applicable, it must be proven that the suspect inflicted a serious injury or aggravated assault to another person while committing the larceny.

 

Some Considerations with Armed Robbery

In order to prove the “armed” aspect of armed robbery, the prosecutor usually either proves the existence of a weapon with evidence, or an eyewitness testifies he or she saw the weapon while the defendant committed the robbery.

 

There are cases, however, where the defendant will pretend to have a weapon to simply frighten a victim into compliance.

 

In that case, the prosecutor does not need to show evidence of an actual weapon. Here, the prosecutor would need to show that the perpetrator somehow simulated having a weapon and that the victim reasonably believed the robber was armed. An example would be if a victim saw a bulging pocket and the accused said that a robbery was occurring.

 

Furthermore, a dangerous weapon is any object with the capability of causing serious injury or death—and is used as a weapon. The jury decides whether an object is a dangerous weapon under the circumstances, depending on the characteristics of the object and how it was used in this particular case. Finally, the larceny does not need to be completed in order to uphold a conviction of robbery or armed robbery. Simply attempting larceny is a crime in itself.

 

You Need Aggressive Legal Representation

Our trusted trial attorneys at The Kronzek Firm have successfully defending armed robbery and other weapons cases in Michigan courts. You should hire a firm you can trust to research all available options and viable legal strategies for you, if you are under investigation for serious felony and weapons charges like robbery. Our defense team makes your case a priority because we believe in protecting your rights and keeping you out of prison.  

 

Armed robbery will carry serious penalties and prison time so you need experienced and aggressive lawyers on your side. At The Kronzek Firm, we explore all evidentiary issues in depth and know how to make a solid defense for you. Call for a free consultation at

(866) 7-NoJail (1-866-766-5245). Our attorneys are on standby.

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