You probably need a lawyer If You are charged with a Property Crime
Call Schmierlaw for Experienced, Affordable and Aggressive Property Crime Defense

Property crimes include several different crimes the relate to theft or the destruction of someone else's property. This can include minor offenses such as shoplifting or vandalism to serious felonies like armed robbery, carjacking and arson. Retail Fraud and some other crimes do not even require the offender to make off with stolen goods or to harm anyone such as burglary, which only requires unlawful entry with the intent to commit some other crime. Certain other crimes require the actual taking of property. Others, such as robbery or First degree home invasion require a victim present at the time of the crime. An experienced criminal defense attorney will protect your rights and make sure any charges against you are within the law.


Arson

Arson is willfully, wrongfully, and unjustifiably setting property on fire. Often time it is done to commit fraud on an insurance company. If the fire cause death, you can be charged with murder.

Just being reckless can result in a charge of Arson
A fire caused by accident or ordinary carelessness is not arson but if you were to burn something knowing you were next to an open can of gas and a fire resulted, you could be charged with arson

In Michigan there are Several Degrees of Arson
There are several degrees of Arson in Michigan. Factors considered by the Prosecutors include the number of units in a building, whether they are occupied, whether the fire was set for insurance reasons, and the value of the property among others. Penalties range form a simple misdemeanor to penalties up to life in prison.

The Insurance Company wants to Convict You Too
Arson crimes are generally well prosecuted because, in addition to the prosecutor and police, insurance companies will often have their own investigators working to convict you to avoid paying off the insurance policy

Schmierlaw represents individuals who are accused of Arson in Michigan and Metro Detroit. If you have been charged with the crime of Arson, give Schmierlaw a call.


Malicious Destruction of Property (MDOP) / Vandalism

In Michigan, it is a crime to maliciously deface or destroy another person’s property. Specifically, Michigan defines the crime of Malicious Destruction of Property or MDOP as a “person who willfully and maliciously destroys or injures the personal property of another person is guilty of a crime as follows:

Property can be either real property (e.g., land, commercial building, personal home) or personal property (e.g., car, clothing, furniture). In order to be convicted of MDOP, the prosecutor will have the burden to prove each of the elements of the crime: (1) the you acted with malicious intent, that you destroyed or damaged property, and that property did not beong to you.

Examples might include:

  • Spray painting a drawing on a public bridge;
  • Throwing rocks at a neighbor’s window
  • Slashing the tires on your ex’s car;
  • Breaking property that belongs to you and other people
  • Driving by a mailbox and hitting it with a bat;
  • Trying to kick out the rear windows of a police car after you are arrested

MDOP can be charged as either a misdemeanor or a felony. The actual charge will depend on the extent of the property damage you cause. Obviously, the greater the value of the property destroyed the more severe the charge and the more sever will be the penalties you will face if you are convicted.


Embezzlement

Embezzlement refers to the theft of money or property by an individual who was trusted to handle that property. Often that includes money. But Embezzlement is rarely clear-cut and a simple bookkeeping error, sloppy accounting, or just an oversight have the potential to lead to you being wrongfully charged.

Consequences of an Embezzlement Conviction
Embezzlement charges can ruin reputations, cost jobs, and destroy families. And if an individual is convicted of Embezzlement, he or she will face severe penalties including jail, stiff fines, restitution, probation, or even prison

In order to convict an individual of embezzlement, the prosecution must prove

  • That the defendant had a relationship with the victim.
  • That because of this relationship, defendant possessed the property or money that belonged to the victim.
  • And that without the victim's consent, the Defendant decided to keep the property or money that belonged to the victim

If you are facing Embezzlement charges
Schmierlaw has the experience, expertise, and knowledge of the Embezzlement Law to raise reasonable doubt and help ensure you are not unduly convicted and punished. We will interview the police, prosecutors and witnesses, arrange polygraph tests, and if necessary, hire expert witnesses to testify on your behalf . Call for a no-cost consultation today. (248) 705-3742


Carjacking

In Michigan, it is illegal to take a motor vehicle in the possession of another. When force is used to take the car, the conduct is known as carjacking. Under the law, the carjacking has been committed so long as force is used to deprive another of a car, and it does not matter if the person attacked was the owner or driver of the vehicle. Carjacking is often confused with the crime of robbery. Essentially, carjacking is a robbery but with the added intent to take another’s motor vehicle for some period of time.

A Carjacking Conviction Could Mean Life in Prison
Being convicted of a carjacking anywhere in Michigan has serious penalties. This is a felony capital offense and if you are convicted you could face up to life in prison. Michigan laws in these situations can be very tough. And if you are using a weapon, you will almost certainly face felony firearm charges in addition to the carjacking charge.

Defending a Person accused of Carjacking Means Closely Looking at the Facts

When you retain an experienced defense attorney at Schmierlaw, we will look to see if you were mistakenly identified as the individual who committed the crime, or that you did not use fear or force in taking the vehicle from the victim. Schmierlaw aggressively represents individuals who are accused of Carjacking in Michigan, Detroit and Metro Detroit and is committed to providing the best criminal defense possible If you have been charged with Carjacking, contact Schmierlaw for an initial, free consultation.


Home Invasion

A person commits a home invasion crime when, without permission, he or she knowingly enters a home of another with intent to cause a crime within the dwelling. And if the home is occupied or you carry a weapon, the punishment for this crime could become life in prison. Schmierlaw represents defendants charged with the crime of Home Invasion by providing the best representation possible

Under Michigan Law, there are three degrees of Home invasion plus an Offense for Breaking and Entering:

  • A person who breaks and enters a dwelling without permission intending to commit or actually does commit a felony, larceny or assault and is armed with a dangerous or another person is lawfully in the building is guilty of home invasion in the first degree, a felony punishable by up to 20 years in prison
  • A person who breaks and enters a dwelling without permission intending to commit or actually does commit a felony, larceny or assault is guilty of home invasion in the second degree, a felony punishable by up to 15 years in prison
  • A person who breaks and enters a dwelling without permission intending to commit or actually does commit a misdemeanor is guilty of home invasion in the third degree, a felony punishable by up to 5 years in prison.
Breaking & Entering

A breaking and entering occurs when a person breaks and enters a dwelling, house, tent, hotel, office, store, shop, building, boat, ship, railroad car or other structure used for public or private use without first obtaining permission. Even an ice shanty worth $100.00 or more. It does not matter if the property is occupied or not or if you actually had to break in or just entered through an unlocked door without permission. If you commit this crime, you could be guilty of a misdemeanor, face 93 days in jail, and pay a fine.


Contact Schmierlaw About Your Case

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Whether it is representation in a legal matter or just some legal advice, Schmierlaw can help. We specialize in Criminal and Drunk Driving Defense and can help you with any sort of legal issue which may arise including Felonies or Misdemeanors, Drunk Driving, Traffic Tickets, Juvenile Offenses, or any other legal concern which you may have.


Contact Experienced, Affordable, and Aggressive Schmierlaw for an Initial No-Cost Consultation
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Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com