What is Armed Robbery in Arizona A.R.S 13.1904
Armed robbery in Arizona is typically charged under the broader category of robbery, and it involves the use of force or the threat of force in the commission of a theft or attempted theft. Arizona law defines armed robbery under Arizona Revised Statutes (ARS) § 13-1904.
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.
In Arizona, the elements of armed robbery generally include:
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Intent: The prosecution must prove that the defendant intended to commit robbery, which involves the use of force or the threat of force to take someone else's property.
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Force or Threat of Force: The defendant must have used force, threatened force, or put the victim in fear of immediate harm to their person. This force or threat of force is a key element that distinguishes robbery from other theft crimes.
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Taking of Property: The defendant must have taken or attempted to take property from the victim. This can include money, personal belongings, or any other item of value.
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Use or Display of a Deadly Weapon: The "armed" aspect of armed robbery involves the use or display of a deadly weapon. A deadly weapon can include firearms, knives, or any other object capable of causing serious injury or death. The implied use of a weapon qualifies as use or display of deadly weapon. Basically, If you pretend that you are armed you satisfy this element of the crime.
It's important to note that the severity of the offense and potential penalties may vary based on factors such as the type of weapon used, the degree of force employed, and whether anyone was injured during the commission of the crime.
If you or someone you know is facing charges of armed robbery in Arizona, it's crucial to consult with a criminal defense attorney who can provide advice tailored to the specific details of the case.
Penalties for Someone Charged with the Crime of Armed Robbery in Arizona A.R.S. 13-1904.
A Class 2 felony in Arizona is a serious criminal offense, and the penalties for a conviction can be severe. It's important to note that sentencing laws can change, and it's advisable to consult with a legal professional for the most up-to-date information.
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Imprisonment: The term of imprisonment for a Class 2 felony can range from 3 to 12.5 years.
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Fines: In addition to imprisonment, fines may be imposed upon conviction. The maximum fine for a Class 2 felony is $150,000.
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Enhancements for Dangerous Instruments or Deadly Weapons: If a deadly weapon, such as a firearm or knife, is used or displayed during the commission of the armed robbery, additional penalties may apply. The use of a deadly weapon can lead to longer prison sentences.
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Enhancements for Injuries: If the victim suffers serious physical injuries or if the offender causes serious physical injury during the commission of armed robbery, additional penalties may be imposed.
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Aggravated Sentencing: Arizona has laws that allow for aggravated sentencing, which means that certain factors can lead to more severe sentences. These factors may include the use of a deadly weapon, prior criminal history, or other aggravating circumstances.
It's crucial to recognize that the actual sentence within the specified range depends on various factors, including the specific details of the case, the presence of any aggravating or mitigating factors, and the defendant's criminal history.
If you or someone you know is facing charges for a Class 2 felony in Arizona, it is highly recommended to consult with a qualified criminal defense attorney. An attorney can provide advice tailored to the specific circumstances of the case, explore potential defenses, and help navigate the legal process.
It's important to consult the Arizona Revised Statutes (ARS) and speak with a qualified legal professional to get the most accurate and up-to-date information regarding penalties for armed robbery in the state. Legal outcomes can vary based on the specific details of the case, and a defense attorney can provide guidance tailored to the individual circumstances.
Defenses to the Crime of Armed Robbery in Arizona A.R.S. 13-1904.
Here are some potential defenses that might be applicable in cases of armed robbery:
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Lack of Intent: If it can be demonstrated that the accused did not have the intent to commit robbery, it may be a defense. Intent is a crucial element in criminal cases, and the prosecution must prove that the defendant had the specific intent to commit the crime.
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Mistaken Identity: If there is doubt about the identification of the perpetrator, it may be a defense. Eyewitness testimony can sometimes be unreliable, and factors such as poor lighting or stress during the incident could contribute to misidentifications.
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False Accusation: If the accused can show evidence that they were falsely accused of armed robbery, it may serve as a defense. This might involve presenting an alibi, proving the accuser's motive to fabricate, or demonstrating inconsistencies in the accuser's statements.
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Challenging the Evidence: This involves questioning the reliability of the evidence presented by the prosecution. For example, if the weapon allegedly used in the robbery was not properly handled or stored, the defense may challenge its admissibility in court.
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Violation of Rights: If law enforcement officers violated the accused's constitutional rights during the arrest, questioning, or search, it could lead to the suppression of evidence or other legal consequences.
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Coercion or Duress: If the accused can show that they committed the robbery under duress or coercion, it may be considered a defense. This defense argues that the accused acted against their will due to a credible threat of harm.
It's important to note that the effectiveness of these defenses depends on the specific facts of the case. Legal strategies should be developed in consultation with an experienced criminal defense attorney who can provide guidance based on the individual circumstances.
Contact an Armed Robbery Crimes Defense Lawyer in Maricopa County
Immediately contact a criminal defense attorney to protect the rights of the accused. Call Brian Di Pietro Law, PLLC today for a free case evaluation about your pending armed robbery case in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular armed robbery case. Contact now Brian Di Pietro Law, PLLC at 623-242-2655 for a free confidential case evaluation about your robbery charge in Arizona.
