Legal Question in Criminal Law in Michigan

Larceny from the person

what is the likelihood of son being sentenced to prison for this stupid, poorly handled (by the young men) offense? It is supposedly a 10-year felony.


Asked on 5/27/09, 6:39 pm

4 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Larceny from the person

Well, THOSE are some vague background facts upon which you want us to give you a specific educated-guess answer!

Larceny from the Person is a serious felony, carrying up to 10 years in prison (maximum). It is a "high severity" "crime against a person" felony under the felony sentencing guidelines. So, the odds of "incarceration" as part of the sentence is VERY likely. But whether it is straight county jail time, county jail time as a condition of probation, or a state prison sentence depends on a lot of facts that you did not tell us about, like:

* this "son's" prior criminal and juvenile record;

* whether there is just one conviction count, or more than one;

* whether he was on bond or probation/parole at the time of the larceny crime;

* whether a weapon was involved (or implied), or the victim was injured;

* how much was stolen ($ value-wise);

* whether the "son" was a Leader in a multiple-defendant crime;

* whether the "son" interfered with the investigation;

* etc., etc., etc.

All of these factors, and more are analyzed in the felony sentencing guidelines. But, in addition, there are other less objective variables that factor in:

* who is the judge? (Some judges have a tendency to be more lenient.)

* which county is it, and who is the prosecutor? (Some prosecutors will make sentencing recommendations for jail vs. prison.)

* Is that county's jail over-croweded already?

* What does the victim want for a sentence? (The victim has a 'say' and the judge has to consider it.)

* Is the defendant under 21 years old, and is this being handled as a Youthful trainee Act case?

* etc., etc., etc.

So, there's no quick, easy or accurate answer for your very general question. Many more facts are needed. "Stupidity" and "poorly handed" are not among them, though ... because robbing a person (with or without a weapon) is not "stupid": it is a crime.

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Answered on 5/28/09, 1:57 pm
Timothy Klisz Klisz Law Office, PLLC

Re: Larceny from the person

depending on his record, very likely to do prison time. Jail time is a possibility. Visit www.kliszlaw.com to discuss the details. Tim Klisz

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Answered on 5/27/09, 8:49 pm

Re: Larceny from the person

For information about larceny charges, go to:

www.AggressiveCriminalDefense.com

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Answered on 5/27/09, 9:49 pm
Daniel Hajji Daniel Hajji & Associates

Re: Larceny from the person

Ther are many factors to consider and would need additional information from you. I am available tomorrow after 11:15am, contact me at 248.865.4700 Daniel Hajji

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Answered on 5/28/09, 3:38 am


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