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.
Penalties for Someone Charged with the Crime of Armed Robbery in Arizona A.R.S. 13-1904.
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:
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.
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.
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.
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.
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.
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.