Robbery Defense in Southfield

Armed Robbery & Unarmed Robbery Under Michigan Law

Michigan law separates robbery allegations into armed and unarmed offenses based largely on the alleged conduct and the presence or representation of a weapon. Both are felonies, but the potential penalties differ substantially.

Armed Robbery

Under MCL 750.529, armed robbery involves force, violence, an assault, or putting another person in fear during a larceny while possessing, apparently possessing, or representing possession of a dangerous weapon. Larceny means unlawfully taking another person’s property with the intent to deprive that person of it.

Armed robbery is punishable by life imprisonment or any term of years. If an aggravated assault or serious injury is inflicted during the offense, the law provides for a minimum prison sentence of at least two years.

Unarmed Robbery

Unarmed robbery involves using force or violence against someone who’s present, assaulting that person, or putting the person in fear during a larceny. The charge doesn’t require an allegation involving a dangerous weapon. Unarmed robbery is punishable by up to 15 years in prison.

How the Alleged Larceny Transaction Affects the Charge

Michigan robbery statutes treat the course of committing a larceny as more than the moment property is taken. It can include an attempted taking, the taking itself, flight afterward, and efforts to retain the property. An allegation that force occurred during flight or while keeping property can therefore become part of a robbery charge.

The exact sequence matters. We examine when the alleged force occurred, what property was involved, and whether the evidence connects our client to each part of the transaction.

Related allegations can include carjacking under MCL 750.529a. Another possible charge is assault with intent to rob while armed under MCL 750.89, which is punishable by life imprisonment or any term of years.

Potential Defense Issues in a Robbery Case

The prosecution must prove every required element of the charged offense beyond a reasonable doubt, the highest burden of proof used in court. The appropriate defense depends on the allegations and available evidence in the individual case.

Issues that may require investigation include:

• Mistaken identity: Whether witness accounts, identification procedures, recordings, or other evidence reliably identify the defendant.
• Alibi: Whether evidence shows that the defendant was somewhere else when the alleged offense occurred.
• Duress: Whether another person’s threat or coercion affected the defendant’s conduct.
• Intoxication and specific intent: Whether intoxication is legally relevant to specific intent, meaning the particular state of mind the prosecution must prove for an offense.
• Insufficient evidence: Whether the prosecution can establish the required taking, use of force, weapon allegation, identity, and intent.

We seek to understand our client’s account in depth and compare it with the prosecution’s evidence. We investigate and prepare each case with potential court proceedings in mind.

Southfield Robbery Cases in District & Circuit Court

Criminal charges arising in Southfield are handled initially by the 46th District Court. Felony cases can later proceed to the 6th Circuit Court. The court responsible for a particular stage depends on the charge and how the case progresses.

District court proceedings in a felony case can include early hearings that determine whether the case advances. If it moves forward, later felony proceedings take place in circuit court. We prepare clients for each stage and remain ready to take the case to court when necessary.