Georgia Criminal Defense Legal Questions

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Under Michigan law, generally speaking, most robbery charges have an assault and/or battery component which distinguishes them from theft offenses. Say, hypothetically, a person fights a loss-prevention officer or cop, without a weapon, while they try to escape after shop-lifting a few small items from a store. They will probably face much more serious charges than someone who does not fight anyone. The original act, i.e., shoplifting a few small items, would have been either a retail-fraud third degree or retail fraud second degree, two theft offenses and misdemeanors, if the alleged defendant did not assault anyone. However, if they allegedly assault and/or batter someone before, during, or after the alleged theft, this combination of theft and assault and/or battery may escalate the charges to unarmed robbery, a felony punishable by up to fifteen years in prison. MCL 750.88 contains the language for the unarmed robbery charge, and it notes "Any person, not being armed with a dangerous weapon, who shall assault another with force and violence, and with intent to rob and steal, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years." They key here is the assault and/or battery component. In contrast, the general larceny statute, MCL 750.356 (1), notes "A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section:" Theft offenses do not usually contain this assault/battery element. In other words, robbery charges are usually more serious and contain elements of a assault and/or battery in comparison to theft offenses.... Read More