Armed robbery is a serious criminal offense that carries substantial penalties, including a maximum sentence of life in prison. It is punished more severely than other theft crimes because it involves the use of a weapon.
If you were charged with armed robbery in Michigan, you need an experienced criminal attorney on your side. Contact ELmen Legal today to schedule a confidential appointment to discuss your situation and how Michigan defense attorney Robert Elmen can help.
What Is Armed Robbery?
Robbery is a theft crime that occurs when a person uses force or the threat of force to permanently deprive another person of their property. Armed robbery occurs when a person commits a robbery while possessing a weapon or causing the victim to believe they are armed with a weapon.
Is Armed Robbery a Felony?
Robbery and armed robbery are both felony charges.
- Felony robbery is punishable by up to 15 years in prison.
- Armed robbery is a more serious charge and carries a maximum sentence of life in prison.
- When an armed robbery involves an aggravated assault or results in serious injury to another person, the crime carries a mandatory minimum sentence of two years in jail.
Proving a Case of Armed Robbery
To prove a case of armed robbery, the prosecutor must establish the following elements, beyond a reasonable doubt:
- The defendant acted to permanently deprive another person of his or her property;
- While doing any of the following:
- Possessing a dangerous weapon;
- Possessing an article that would cause a reasonable to believe the article is a dangerous weapon;
- Representing to another person that he or she is in possession of a dangerous weapon.
Defending Against Charges of Armed Robbery
Defending against charges of armed robbery requires meticulous investigation and an aggressive and comprehensive defense that takes into account the defendant’s unique circumstances. Here are some potential defenses to charges of armed robbery.
Lack of Intent
Because armed robbery is a theft offense, the prosecutor must prove the defendant intended to permanently deprive another person of their property. An armed robbery defense may seek to negate the element of intent.
No Weapon or Threat
Armed robbery requires the use of a weapon or an article that would cause the victim to believe the defendant was in possession of a deadly weapon. This defense strategy challenges whether the defendant was in possession of a weapon or whether the victim reasonably believed the defendant possessed an article that could be used as a weapon.
Lack of Mental Capacity
A defendant who lacked the mental capacity to understand right from wrong would be unable to form the intent necessary to commit armed robbery. Depending on the circumstances, Attorney Elmen may be able to present expert testimony from a physician or psychologist to provide evidence of the defendant’s diminished capacity.
Intoxication
In cases where the defendant was severely intoxicated, the defendant’s intoxication could make it impossible for them to form the intent necessary to commit an armed robbery.
Consent
Consent is a defense to armed robbery. If the victim agreed to transfer the property at issue, the defendant cannot be convicted of armed robbery.
Insufficient Evidence
A defendant can challenge the sufficiency of the state’s case, such as a lack of forensic evidence, DNA, or fingerprints to prove the defendant committed the alleged theft.
Contact Elmen Legal For More Information About Armed Robbery Defense
If you are under investigation or were charged with armed robbery in Michigan, you must act quickly to protect your rights. Elmen Legal can carefully analyze your situation, provide legal advice and guidance to protect your rights, and help you avoid saying or doing anything that could further implicate you. Attorney Elmen will conduct an independent investigation, represent you during police questioning and in court hearings, and prepare a vigorous defense to challenge the state’s evidence. His defense will seek a reduction in the severity of the charges or penalties you face or the outright dismissal of the case against you.
Contact Elmen Legal Today
Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Elmen Legal can help.