Armed Robbery

If a person, while committing an alleged robbery possesses a dangerous weapon or an article used in a manner to lead any person present to reasonably believe the article is a dangerous weapon, or who represents orally or otherwise that he or she is in possession of a dangerous weapon, is guilty of a felony punishable by up to life in prison. If an aggravated assault or serious injury is inflicted by any person while violating this section, the person shall be sentenced to a minimum term of imprisonment of not less than 2 years.

So, what does all that mean?  It means that the prosecutor has the burden of proof to prove all the following 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. A larceny is the theft of another’s goods, money, or other property.  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; and 
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.

Assault with Intent to Commit Armed or Unarmed Robbery

Assault is an unsuccessful attempt to touch someone in a harmful or offensive way, or an action that makes a person believe that you are going to touch them in a harmful of offensive way.  An assault does not require actual touching.

Assault with intent to commit armed or unarmed robbery has special treatment under Michigan law.

• Assault with intent to commit armed robbery = Life in prison
• Assault withintent to commit unarmed robbery = 15 years in prison

Unarmed Robbery

Michigan law defines unarmed robbery as somebody who, in the course of committing a larceny of any money or other property that may be the subject of larceny, uses force or violence against any person who is present, or who assaults or puts the person in fear, is guilty of a felony punishable by imprisonment for not more than 15 years. 

In other words, the prosecution has the burden of proof to prove all the following 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. A larceny is the theft of another’s goods, money, or other property.  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; and
3. The victim was present while the Defendant was in the course of committing the larceny.

 Home Invasion

First Degree Home Invasion

 A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who 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 or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of 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 circumstances exists:

1. The person is armed with a dangerous weapon.
2. Another person is lawfully present in the dwelling.

Home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both. 

Second Degree Home Invasion

A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who 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 or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree.

Home invasion in the second degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both.

 Third Degree Home Invasion

A person is guilty of home invasion in the third degree if the person does either of the following:

1. Breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor.
2. Breaks and enters a dwelling or enters a dwelling without permission and, at any time while the person is entering, present in, or exiting the dwelling, violates any of the following ordered to protect a named person or persons:

              (a) A probation term or condition.

              (b) A parole term or condition.

              (c) A personal protection order term or condition.

              (d) A bond or bail condition or any condition of pretrial                      release. 

Home invasion in the third degree is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or both.

Why Call Garfield?

Because robbery and home invasion carry significant prison time after conviction, it is critical that you obtain effective defense representation in order to obtain a favorable outcome to your case.  I am prepared to launch a forceful defense to the charged crime and to make sure your rights are protected at all stages of the legal process.

As your attorney, I will zealously defend your innocence at trial and aggressively pursue a dismissal of charges.  Rarely will an attorney visit the jail if you are incarcerated.  I will make as many trips to the jail as it takes to talk about your case and break up the monotany of being locked up. 

Most attorneys will listen to your story one time and then wait it out until you decide to take a plea bargain.  Myself, I like to investigate the crime and build a defence, not a plea deal.  

These are the reasons that you should Call Garfield.

• Phone: 989-350-9393
• Email: callgarfield@gmail.com