Allegedly taking money or property from its rightful owner can result in various criminal charges. For example, a suspect could face prosecution for embezzlement or robbery. These are distinct crimes under Michigan state law, and their differences will affect the case’s course.
Understanding Embezzlement in Michigan
In Michigan, embezzlement is the crime of disposing, converting to one’s use, taking, or secreting away another person’s property without the owner’s consent, while also acting as an agent, servant, or employee of a property owner or acting as the trustee, bailee, or custodian of another party’s property. What does this mean in plain English? Here are some common examples of embezzlement:
- A cashier skimming money from the register
- A stockbroker moving a client’s funds to the broker’s personal account
- An employee taking home office supplies from their desk
Embezzlement occurs when a person uses a position of trust with a property owner to steal the owner’s property.
Penalties for embezzlement depend on the value of property stolen:
- Less than $200: A misdemeanor that imposes a penalty of up to 93 days in jail or a fine of the greater of up to $500 or three times the value of the embezzled property
- $200 or more but less than $1,000: A misdemeanor that imposes a penalty of up to one year in jail or a fine of the greater of up to $2,000 or three times the value of the embezzled property
- $1,000 or more but less than $20,000: A felony that imposes a penalty of up to five years in jail or a fine of the greater of up to $10,000 or three times the value of the embezzled property
- $20,000 or more but less than $50,000: A felony that imposes a penalty of up to ten years in jail or a fine of the greater of up to $15,000 or three times the value of the embezzled property
- $50,000 or more but less than $100,000: A felony that imposes a penalty of up to 15 years in jail or a fine of the greater of up to $25,000 or three times the value of the embezzled property
- $100,000 or more: A felony that imposes a penalty of up to 20 years in jail or a fine of the greater of up to $50,000 or three times the value of the embezzled property
Understanding Robbery Charges in Michigan
The crime of robbery is taking money or property from the rightful owner through the use of force or the threat of force. Michigan has criminal statutes for unarmed and armed robbery. A conviction for unarmed robbery can impose a sentence of up to 15 years in prison, while a conviction for armed robbery can impose up to life imprisonment. Robbery is armed if it is committed with the use of a dangerous weapon, while possessing an article used or fashioned in a manner to resemble a dangerous weapon, or while claiming to have a dangerous weapon.
Key Differences Between Embezzlement and Robbery
The primary differences between embezzlement and robbery charges include:
- Use of force: Robbery requires an offender to use force or the threat of force to take the property, whereas embezzlement requires an offender to use their position of trust with the property owner to take the property.
- Presence of the victim: Robbery must occur in the victim’s presence, whereas embezzlement does not require the victim’s presence.
- Means of taking the property: Someone who commits embezzlement lawfully possesses the property but unlawfully converts it to their use or ownership, whereas a person who commits robbery coerces the owner to give their property.
Contact a Criminal Defense Lawyer Today
If you’ve been arrested and charged with embezzlement or robbery, you need dedicated legal counsel to help you defend your rights, reputation, and future. Contact The Law Office of Jodi L. Hemingway, PLLC, today for a confidential consultation with a knowledgeable criminal defense attorney to discuss your options for favorably resolving your charges.
