David G. Moore Attorney At Law
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(Kalamazoo and Southwest Michigan)

Defending against robbery allegations


Michigan's criminal legal system is not black and white. Instead, it is a nebulous patchwork of rules that weave in and out of our lives, threatening to interfere when situations are misperceived and false allegations made. Therefore, when a disagreement or altercation arises, there is a significant possibility that the criminal justice system will come into play. The outcome of these situations is often dependent upon the facts of the situation and the accused individual's ability to defend him or herself.

The first way to do this is to know the law. This is especially critical when an individual is accused of committing a violent crime, like armed robbery.

Under Michigan's statutes, an individual who commits larceny and uses force can be found guilty of a felony and punished by up to 15 years in prison. The same penalty applies if larceny is committed with the use of assault. Assault is a very broad term, giving the criminal law extensive reach in this regard. Those who are truly armed, with a gun or knife for example, may face even tougher penalties.

So, how would an individual defend him or herself against such allegations? It depends on the circumstances.

The first step, however, may be to look at the terms in the statue and consider whether that is what actually occurred. Did larceny take place? What does the law consider "force?" What is considered "property" for larceny purposes?

It may seem insignificant to some, but this is the groundwork that could lead to a solid legal defense. Specifically defining terms is difficult, and when the law is forced to do so, it sometimes creates openings where a defense can step.

Those facing violent crime charges may want to speak with an experienced Michigan criminal defense attorney. That attorney will be able to adequately advise and guide the accused individual through the criminal process.

Source: Mi.gov, "Section 750.530," accessed on April 15, 2016

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