Michigan Criminal Law: Robbery; Armed Robbery

prison

Allegations involving acts of violence of varying degrees are prevalent in the criminal justice system. Robbery, unarmed and armed, combine elements of assaultive and larcenous crimes.

Armed Robbery, MCL 750.529, & MCL 750.89  is a capitol level offense punishable, if convicted, by “ imprisonment for life or for any term of years.”

The key distinguishing factor between armed and unarmed robbery is, as the name implies, use, threat, or incorporation of a weapon.

As the Model Jury Instruction explains, in order to prove this charge beyond a reasonable doubt, the prosecutor must show the following:

(1) The defendant is charged with the crime of armed robbery. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, the defendant [used force or violence against / assaulted1 / put in fear] [state complainant’s name] .2

(3) Second, the defendant did so while [he / she] was in the course of committing a larceny. A “larceny” is the taking and movement of someone else’s property or money with the intent to take it away from that person permanently.3

“In the course of committing a larceny” includes acts that occur in an attempt to commit the larceny, or during the commission of the larceny, or in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the property or money.

(4) Third, [state complainant’s name] was present while defendant was in the course of committing the larceny.

(5) Fourth, that while in the course of committing the larceny, the defendant:

[Choose one or more of the following as warranted by the charge and proofs:]

(a) possessed a weapon designed to be dangerous and capable of causing death or serious injury; [or]

(b) possessed any other object capable of causing death or serious injury that the defendant used as a weapon; [or]

(c) possessed any [other] object used or fashioned in a manner to lead the person who was present to reasonably believe that it was a dangerous weapon4; [or]

(d) represented orally or otherwise that [he / she] was in possession of a weapon.

[Add the following paragraph if appropriate:]

(6) Fifth, the defendant inflicted an aggravated assault or serious injury to another while in the course of committing the larceny.

Crim. JI. 18.01

For individuals charged under MCL 750.529, there is an additional enhancement which tacks on a consecutive, mandatory prison term of two years if there was an “aggravated assault or serious injury.”

Our experienced trial attorneys fight hard for our Michigan clients. We represent clients statewide. For a free initial consultation, feel free to contact us at (517) 507-5077.

For information on Michigan’s Unarmed Robbery charge, click here.

For information on Michigan’s Breaking & Entering charge, click here.

For information on Michigan’s embezzlement charge, click here.

For information on Michigan’s charge, Home Invasion, Third Degree, click here.

For information on Michigan’s charge, Home Invasion, Second Degree, click here.

For information on Michigan’s charge, Home Invasion, First Degree, click here.

For information on Michigan’s charge, Larceny from a Building, click here.
Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted.
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.
If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel.