Introduction
Committing a robbery in Arizona can have serious consequences that can affect your life for many years. Unlike theft or burglary, a crime of robbery almost always involves the presence of a victim who is threatened with bodily harm. Oftentimes, a weapon is used to enforce this threat and the victim may sustain injuries. Robberies are typically charged as “armed” or “aggravated.”
If you have been charged with robbery in the state of Arizona, you need reliable legal counsel on your side. The Peoria robbery lawyers at JacksonWhite Law have vast experience defending clients in all types of robbery cases and can provide you with the defense you need and deserve.
Robbery Laws in Peoria
According to the Arizona Revised Statute §13.1902, the crime of robbery is committed if in the course of taking the property of another person against his or her will, the alleged offender uses threats or force with the intent to prevent resistance or coerce the surrender of property.
Force can refer to any physical act that is direct towards a person in an attempt to gain control of property. A threat may refer to a physical or verbal menace of imminent bodily injury to a person. In some instances, a robbery may become aggravated. This can occur if there are one or more accomplices physically present during the robbery who help the alleged offender commit the criminal act, if the robbery involves grievous bodily harm, or if a weapon is used during the robbery.
There are three primary robbery statutes in Arizona, including:
- ARS 13-1902 – Standard robbery occurs when a person takes the property or services of another person using force or threats. The threat can be verbal, physical, or implied.
- ARS 13-1903 – Aggravated robbery occurs when one or more accomplices are used and physically present during the crime.
- ARS 13-1904 – Armed robbery occurs when a deadly weapon or a simulation of a deadly weapon is used during the crime.
Robbery Penalties in Peoria
Punishment for a robbery crime in Peoria is dependent on the type of robbery, the age of the alleged offender, and whether the crime was a first-time offense or if there have been past convictions.
A standard robbery is considered a class 4 felony and carries a prison sentence of 1 to 3 ¾ years. Probation may be possible if it is a first offence. If you have a prior conviction, the sentence increases to 2 ½ to 7 ½ years in prison. With two or more prior felony convictions, the prison sentence increases to 6 to 15 years.
If you are convicted of aggravated robbery, it is a class 3 felony with a penalty of 2 to 8 ¾ years in prison with the possibility of probation. If you have one prior felony conviction, the penalty is 3 ½ to 16 ¼ years in prison. With two or more felony convictions, you could face 7 ½ to 25 years in prison.
With a conviction of armed robbery, you could be looking at a class 2 dangerous felony which carries a prison sentence of 7 to 21 years. With one prior dangerous felony conviction, the penalty rises to 14 to 28 years in prison. With two or more prior felony convictions, your sentence could increase to 21 to 35 years in prison.
Along with jail or prison time, a person convicted of a robbery crime may also be mandated to pay fines ranging from $750 to $150,000. Fines relating to dangerous and repeat “enterprises” could be ordered up to one million dollars.
Defenses for Robberies in Peoria
Building a strong defense for a robbery case requires the knowledge base and expertise of an experienced criminal defense lawyer. Due to the violent nature of most robbery cases, prosecutors often try vigorously to pursue charges and strict prison sentences.
The state of Arizona also carries a “presumptive sentence” which typically falls between the minimum and maximum sentences. However, when aggravated factors are involved the sentence is usually increased.
There are several viable defenses that can be used in Arizona robbery cases. This may include mistaken identity or innocence, involuntary intoxication (e.g. someone slipped something into your drink causing you to blackout), voluntary intoxication (e.g. if you drank to excess resulting in lack of intent), and compulsion or duress (e.g. a person committed a robbery due to a threat of bodily injury or death from another person).
Call the Peoria JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
