How Robbery is Defined in Arizona: ARS 13-1902
According to Arizona Revised Statute (ARS) §13-1902, a robbery is when one individual takes the possession(s) of another individual without his or her permission, either directly from that individual’s person (such as from his or her pockets, purse, or backpack) or in the presence of the victim and against his or her will.
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A skilled robbery defense lawyer recognizes in order to be considered robbery, the accused must have taken such items through the use of force or threatened force that would cause the victim to relinquish his or her possessions for fear of being harmed or killed. In the state of Arizona, robbery is classified in one of three ways:
1. Standard Robbery
In a standard robbery, the perpetrator takes the property of the victim against his or her will using the threat of violence or the threat of using physical force or makes attempts to coerce the victim to give up his or her property, but no weapon is used in the execution of the robbery, nor is one mentioned — as mentioning a weapon, such as saying something like, “Give me your purse or I’ll shoot!” changes the charge from a standard robbery to an armed robbery.
Possible Penalties for Standard Robbery in Arizona
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- For a class 4 felony standard robbery, you may spend up to a year in jail, or you may be sentenced to between 1 and 3.75 years in prison.
- For those with one prior conviction, the option for jail goes away, and the prison sentence will range between 2.25 and 7.5 years.
- For those with two prior convictions, the prison sentence will range from between 6 and 15 years.
2. Felony Aggravated Robbery in Arizona
Pursuant to Arizona Revised Statute (ARS) §13-1903, an aggravated robbery is one in which the accused robber is accompanied by an accomplice during the commission of the crime. More serious than a standard robbery, aggravated robbery is a class 3 felony, and carries more severe penalties.
Possible Penalties for Aggravated Robbery in Arizona
An aggravated robbery is a class 3 felony, and as such, carries the following penalties in the state of Arizona:
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- A first offense of aggravated robbery may be sentenced to up to one year in jail, or anywhere between 2 and 8.75 years in prison depending on other circumstances in each unique case.
- Upon a second charge of aggravated robbery, or a single other prior conviction, the option for jail disappears, and sentencing for prison will range from between 3.25 and 16.25 years.
3. Armed Robbery in Arizona
Pursuant to Arizona Revised Statute (ARS) §13-1904, an armed robbery is one in which the accused is armed with a deadly weapon such as a gun or a knife, or, has led the victim to believe that s/he has a deadly weapon as a means by which to more effectively coerce the victim to give up his or her possessions.
Whether the deadly weapon is actually there during the commission of the crime or the accused merely pretended to have a deadly weapon (known as the simulation of a deadly weapon), the charge remains the same, and as such, is considered the most serious robbery charge — class 2 felony armed robbery with an “Allegation of Dangerousness.”
Possible Penalties for Armed Robbery in Arizona
As a dangerous offense, an armed robbery is a class 2 felony, and as such carries much more severe penalties in the state of Arizona. In these instances, those charged with armed robbery can expect to spend:
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- A minimum of 7 years in prison
- A presumptive sentence of 10.5 years in prison
- A maximum of 21 years in prison
Additional charges based on:
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- If the person charged with armed robbery has one other prior conviction, the prison sentence can range from 4.5 years up to 23 years.
- If the person charged with armed robbery has two other prior convictions, s/he can expect to spend between 10.5 and 35 years in prison.
Defending Standard, Aggravated, or Armed Robbery in Arizona: The Need for an Experienced and Aggressive Defense Has Never Been More Serious
There are many commonly used defenses for the three main types of robbery in the state of Arizona, but many courts and judges are familiar with these oftentimes tired defenses, and they can therefore fall on deaf ears when a case is not properly researched, investigated, and prepared for.
But when a Phoenix criminal defense attorney from the Law Office of Daniel Hutto represents you, you’ll never have to worry about whether or not we’ve done our homework when it comes to your case. We will go down every avenue possible to find out the truth about what happened in your case, and we won’t rest until justice is served on your behalf.
From the time of the event that occurred to the time of your arrest, any number of factors can shape how the court will perceive your case and how a jury will feel about the evidence that is presented. Gathering independence scene information, discovery, evidence, “lost” eyewitnesses that the police failed to speak with, missing video surveillance are just some examples of the items our office has secured to assist client’s charged with serious offenses like armed robbery.
At the Law Office of Daniel Hutto, it’s our job to ensure that those on the side of the law did their jobs properly, and to expose those areas where they did not.
Time is of the essence for the very serious charges of robbery. Let our experience robbery defense lawyers begin building your case and preparing your defense right away — call us today at 602.536.7878.for your completely free legal consultation, and let’s set the record straight.
