Theft and Property Crimes
If you or someone you care about has been arrested for a crime involving theft of property, you are probably scared and concerned about the future. It is important to retain an experienced lawyer who knows how to defend against criminal charges and who can help put you at ease. I am Detroit area criminal defense attorney Jonathan Jones. With more than 25 years of legal experience, we understand what you are going through, and we know how to vigorously protect your rights.
The majority of your anxiety and stress is because of not knowing what's going to happen. Our goal is to eliminate your fears by making sure you know what is going on with your case at all times. When you hire us, we will immediately begin fighting to keep you out of jail and with your family. Call or text us at (248) 310-3399 or contact us online.Building a Solid Defense Against all Criminal Charges
In over two decades of legal practice, we have handled nearly all types of theft and property crime cases.Larceny
In Michigan any person who steals property from another person is guilty of larceny. Michigan carries both misdemeanor and felony charges for larceny. The value of the property that is allegedly stolen will determine the severity of the punishment. Criminal larceny charges carry punishments such as jail time and/or fines. If you are under investigation for larceny, it is very important you obtain an experienced attorney who can ensure your rights are protected and form the best possible defense to protect you.Misdemeanor Larceny Charge
- Property stolen with a value less than $200.00 is a misdemeanor punishable by up to 93 days in jail and/or a fine up to $500.00 or 3 times the value of the property stolen, whichever is greater.
- If the property stolen has a value of $200.00 or more but less than $1,000, it is a misdemeanor punishable by up to 1 year in jail and/or a fine of up to $2,000.00 or 3 times the value of the property stolen, whichever is greater.
- Property stolen with a value of $1,000.00 or more but less than $20,000.00 is a felony punishable by imprisonment for not more than 5 years and/or a fine of $10,000.00 or 3 times the value of the property stolen, whichever is greater.
- Property stolen with a value of $20,000.00 or more is a felony punishable by imprisonment for not more than 10 years and/or a fine of $15,000.00 or 3 times the value of the property stolen, whichever is greater.
In Michigan Armed Robbery is a capital offense, which means it is punishable with up to life in prison. Armed robbery is comprised of 4 essential elements. Each element of the crime must be met by the prosecution in order for a defendant to be charged with Armed Robbery.1st element
- Defendant used force or violence or the threat of force or violence against a victim. The “victim” does not necessarily have to be the person from whom the money or property was stolen, but can be any person who was present during the crime.
- Defendant was in the course of committing a larceny (taking someone else’s property). This means that the defendant’s purpose for using the force or threat of force, was to ultimately commit a larceny. These acts can occur in the attempt, the commission of, or in flight or attempted flight of a larceny.
- The victim was present while the defendant was in the course of committing the larceny.
- The defendant possessed a weapon designed to be dangerous and capable of causing death or serious injury, possessed an object capable of causing death or serious injury that defendant used as a weapon, possessed any object fashioned in a manner to lead the victim to reasonable believe that it was a dangerous weapon, or the defendant represented orally or otherwise that he or she was in possession of a weapon.
Michigan unarmed Robbery has the same elements as armed robbery, however there is no 4th element needed. This means that having a weapon or an object used as a weapon is not necessary to get charged with unarmed robbery. Unarmed robbery is a felony punishable by up to 15 years in prison.Carjacking
Carjacking in Michigan carries felony charges. Carjacking occurs when a person in the course of committing a larceny of a motor vehicle uses force or violence or the threat of force or violence, or puts in fear any operator, passenger, or person in lawful possession of the motor vehicle, or any person lawfully attempting to recover the motor vehicle. If convicted of Carjacking, the defendant may be charged with up to life imprisonment or for any term of years.Burglary
In Michigan burglary means entering a building with the intent to commit a crime inside the building. Burglary may also be referred to as “breaking and entering.” Burglary charges can be categorized into two different categories. If the building entered by the defendant is a dwelling (someone’s home) then the charge is residential burglary. If the building is a place of business, then the charge is commercial burglary. Burglary or “breaking and entering” requires two separate elements:
Breaking- The unlawful entry into a building, vehicle, or container. For example, opening a closed door or window. Opening by means of fraud may also constitute as a “constructive” breaking.
Entry- the act that follows the breaking. This occurs when the intruder’s body is actually inside the structure. The duration does not matter. A defendant can be charged even if a body part was inside the structure just for a moment.
The Michigan statute provides that a person who enters a building with the intent to commit a felony or a larceny is guilty of a felony punishable by imprisonment of not more than 10 years. The use of a weapon while committing the crime carries a maximum sentence of up to 20 years in prison and/or $5,000.00.
No matter what you have been accused of, we can handle it. We have successfully defended against these kinds of charges by showing that the prosecutor's existing evidence does not meet the "beyond a reasonable doubt" standard required to obtain a conviction. We've also built cases by proving that one or more components of the crime were not met. For example, in some cases we have been able to show that our client did not have the required frame of mind to commit the crime he or she was charged with.Contact Our Royal Oak Law Office
We cannot guarantee an outcome, but we can explain your options and the likely results so that you can prepare for the future without fear. Call or text us directly at (248) 310-3399, or contact us online for a free initial consultation to discuss your case.