Robbery, Aggravated Robbery, and Armed Robbery Charges

What is Robbery? 

A.R.S. § 13-1902 defines robbery as follows:

1. A person commits robbery if, in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
2. Robbery is a class 4 felony.

• Definition: Robbery involves the taking of another person’s property through the use of threats or force.
• Key Elements:
  • Taking Property: The perpetrator must take property from the victim or their immediate presence.
  • Against the Victim’s Will: The act must be against the victim’s will.
  • Use or Threat of Force: There must be a use or threat of force against any person with the intent to coerce surrender of property or prevent resistance.

What is Aggravated Robbery? 

A.R.S. § 13-1903 defines aggravated robbery as follows:

1. A person commits aggravated robbery if, in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present.
2. Aggravated robbery is a class 3 felony.

• Definition: Aggravated robbery involves the commission of robbery with the presence and assistance of one or more accomplices.
• Key Elements:
  • Commission of Robbery: The base crime of robbery, as defined in A.R.S. § 13-1902, must be committed.
  • Accomplices: The perpetrator is aided by one or more accomplices who are actually present during the robbery.

What is Armed Robbery? 

A.R.S. § 13-1904 defines armed robbery as follows:

1. A person commits armed robbery if, in the course of committing robbery as proscribed in section 13-1902, the person or an accomplice does any of the following:

1. Is armed with a deadly weapon or a simulated deadly weapon.
2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.
3. Takes possession of or attempts to take possession of a deadly weapon.

1. Armed robbery is a class 2 felony.

• Definition: Armed robbery involves the use or threat of a deadly weapon during the commission of a robbery.
• Key Elements:
  • Commission of Robbery: The base crime of robbery, as defined in A.R.S. § 13-1902, must be committed.
  • Deadly Weapon or Simulated Deadly Weapon: The perpetrator or an accomplice is armed with a deadly weapon or a simulated deadly weapon.
  • Use or Threat of Use: The use or threat to use a deadly weapon, dangerous instrument, or simulated deadly weapon.
  • Possession or Attempted Possession: The taking possession of or attempting to take possession of a deadly weapon.

Potential Penalties Depending on the Type of Robbery 

➤ Penalties for Robbery

• Classification: Class 4 felony.
• Prison Sentence:
  • First Offense: 1 to 3.75 years.
  • Aggravating Factors: Longer sentences if there are aggravating factors, such as prior convictions or causing serious injury.
• Fines: Up to $150,000, plus surcharges.
• Probation: Possible, depending on the circumstances of the case and the defendant’s criminal history.

➤ Penalties for Aggravated Robbery

• Classification: Class 3 felony.
• Prison Sentence:
  • First Offense: 2 to 8.75 years.
  • Aggravating Factors: Longer sentences in cases involving significant prior criminal history or other aggravating circumstances.
• Fines: Up to $150,000, plus surcharges.
• Probation: Less likely than with simple robbery but still possible in certain cases.

➤ Penalties for Armed Robbery

• Classification: Class 2 felony.
• Prison Sentence:
  • First Offense: 7 to 21 years.
  • Aggravating Factors: Enhanced sentences for cases involving prior felonies, serious injury, or other aggravating factors.
• Fines: Up to $150,000, plus surcharges.
• Probation: Rare, due to the severe nature of the crime and the involvement of a deadly weapon.

➤Additional Considerations

• Criminal History: Defendants with prior felony convictions may face enhanced sentencing under Arizona’s repeat offender statutes.
• Victim Impact: Crimes involving serious injury to the victim may result in more severe penalties.
• Plea Bargains: Depending on the case, a plea bargain may be negotiated to reduce charges and potential penalties.

Robbery Charges: FAQ

1. What is the difference between robbery and burglary?

Robbery involves taking property from another person through the use of force or threat of force, while burglary involves unlawfully entering a building with the intent to commit a crime, typically theft, inside.

2. What constitutes aggravated robbery charges?

Aggravated robbery charges occur when, during the commission of the crime, the perpetrator is aided by one or more accomplices. This elevates the severity of the offense.

3. What are the penalties for a robbery conviction?

Penalties for robbery can include imprisonment for several years in prison, fines, and restitution to the victim. The exact penalties depend on the specifics of the case and whether it is a first-time offense or a repeat offense.

4. How can a criminal defense attorney help with robbery charges?

A criminal defense attorney can help by building a defense strategy, challenging the prosecution’s evidence, negotiating plea deals, and representing you in court. 

5. What is the role of intent in a robbery case?

Intent is important in a robbery case. The prosecution must prove that the defendant intended to take property from another person using force or threats. Lack of intent can be a strong defense.

6. Can a first-time offender avoid imprisonment for robbery charges?

It is possible for first-time offenders to receive lighter sentences or alternative penalties such as probation, especially if the defense lawyer can present mitigating circumstances or negotiate a plea deal.

7. What defenses are available against robbery charges?

Common defenses include lack of intent, mistaken identity, duress, lack of evidence, and alibi. Each case is unique, so it is essential to consult with a criminal defense attorney to explore the best defense strategy.

8. How does the use of force or a firearm impact robbery charges?

The use of force or a firearm during a robbery significantly increases the severity of the charges and penalties. Armed robbery, involving a deadly weapon, is classified as a Class 2 felony, leading to longer imprisonment sentences.

9. What should I do if I am charged with robbery?

If you are charged with robbery, contact an experienced criminal defense attorney immediately. They can provide legal advice, represent you in court, and help protect your rights throughout the criminal justice process.

At the Law Office of Daniel Hutto, our experienced criminal defense attorneys are dedicated to providing personalized and effective defense strategies. We understand the complexities of criminal law and are committed to protecting your rights and achieving the best possible outcome.

Our defense attorneys have a proven track record of successfully defending clients against robbery, aggravated robbery, and other serious charges. We offer a free initial consultation to discuss your case and provide you with a clear understanding of your legal options.

Contact us today at 602 536-7878 to schedule your consultation.