Legal Question in Criminal Law in Michigan

my son was caught shoplifing a purse from Macy's. Security stopped him at the door, he gave purse back, ran, was caught, fought, but was apprehended. Now he's charged with unarmed robbery. They want to give him 4-15 (he has a record) I found Michigan Supreme Court ruling stating force must be used in the taking to be considered unarmed robbery. I think he's overcharged - Should he risk going to trial - what say you?


Asked on 1/25/11, 2:09 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

You need to do some more research. Unarmed robbery means that your son used force/violence, assaulted or put in fear a person present while he was in the course of committing a larceny. The time frame for "in the course of" includes includes acts that occur in an attempt to commit the larceny, or during commission of the larceny, or in flight after the commission of the larceny, or in an attempt to retain possession of the property or money. Look at People v Passage, 277 Mich App 175 (2007). It is a transactional offense; the force used to accomplish the offense need not be contemporaneous with the taking, but may occur later. People v Morson, 471 Mich 248, 264 (2004, Corrigan concurring). Here, he was using force to avoid capture/detention. He wasn't "home free" (off premises, at a safe place, etc.) yet.

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Answered on 1/27/11, 1:48 pm


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