Aggravating factors in an armed robbery case include injury or threat of injury, the age and disability status of the victim, and more. A conviction will result in life-changing consequences for you and your family. However, seeking a reduced sentence or having charges dismissed by successfully challenging the evidence is possible.
A Phoenix armed robbery defense lawyer will attack the evidence at every angle to pursue an optimal outcome for you. Our team of former prosecutors now defends criminal cases with the dignity and respect they deserve, supporting you throughout the legal process.
Armed Robbery Aggravating Factors
Specific circumstances occurring at the time of an alleged armed robbery in Arizona increase the severe nature of the incident. Armed robbery is a Class 2 felony. Arizona Revised Statute §13-701 lists aggravating factors impacting sentencing in an armed robbery case:
- There is an accomplice in the armed robbery
- Severe physical injury or threat of serious injury occurs
- The offense involves an especially cruel or heinous manner
- The alleged victim is 65 or older or has a specified disability
- Identifiable malice toward the victim’s identity exists
- Impersonating a peace officer occurs
- To avoid being identified, you use a mask or disguise
- Ambush or lying in wait of an alleged victim takes lace
- A child is present during the act
- An exchange of payment or the promise of payment or something of value occurs
- Previous convictions or a history of illegal activity exists
- You are a public servant, and your actions relate to your employment
- The actions were retaliatory in nature for reporting criminal activity or for being involved in an organization other than a law enforcement agency
Twenty–seven potential aggravating factors may impact the outcome of a case. However, successfully defending against aggravating factors may occur. Contact a Phoenix criminal defense lawyer with Suzuki Law Offices as soon as possible to discuss your case.
Defining Aggravating Factors in Arizona
An Arizona armed robbery case judge generally determines whether or not to impose the maximum for aggravated sentencing when multiple factors apply to a case. Statutory sentencing ranges allow penalties according to the conviction’s circumstances. A judge may consider:
- The nature of the incident
- Dangerous events occurring during an armed robbery
- Any prior convictions or repeat offenses
- Victim impact
An armed robbery defense lawyer in Phoenix at Suzuki Law offices will work tirelessly to uncover and use evidence in your criminal defense case to support an optimal outcome. We will work to mitigate potential aggravating factors in an Arizona armed robbery case. You need Suzuki when aggravating factors stack against you.
Standard of Proof for Aggravating Factors in Arizona
Proof must be established beyond a reasonable doubt that aggravating factors exist while committing armed robbery. The court also possesses the ability to identify additional factors based on the preponderance of evidence. The standard of preponderance of the evidence may apply in the following instances:
- You admit to the aggravating factors
- Prior felony convictions exist
If a jury finds proof beyond a reasonable doubt that one aggravated factor exists, the court may determine other aggravating factors through a preponderance of the evidence. A judge will consider the number of aggravating factors in an armed robbery case in sentencing. Without the presence of mitigating circumstances, aggravated sentencing applies.
Defending Against Aggravating Factors in an Armed Robbery Case
Even robberies committed without a firearm may lead to an armed robbery offense. Defenses against aggravating factors in an armed robbery case in Arizona may include the following:
- The evidence does not meet the standard of proof
- Eyewitnesses can testify to an event
- The character of the alleged victim is in question
- Compromised evidence exists
- Police misconduct compromises a case
- Force results in you acting in a specific manner
- A violation of your legal rights occurs
We craft every defense with our client’s needs in mind. Other defenses may apply to an armed robbery case with aggravating factors. We will also strive to ensure the court recognizes any mitigating factors that may reduce the ordered prison term in a conviction.
Mitigating Factors in Arizona Felony Cases
The Arizona statute defining the aggravating factors impacting sentencing also outlines mitigating factors for the court to consider. Aggravating or mitigating factors may allow a judge to order a prison term that is more or less than the sentencing guidelines. Mitigating factors that may impact sentencing include:
- Your age
- Your capacity to understand the wrongful nature of your actions or the ability to conform to the law’s requirements
- Unusual or significant duress impacted your actions
- Your actions in the event were minor
- After the offense, you were compliant with duties under the law
Positive aspects of your character may also become mitigating factors. A preponderance of the evidence must exist when a Phoenix armed robbery defense attorney presents this evidence. The standard of proof for this evidence differs and is less rigid than the standard of proof in aggravating factors.
Additional Evidence Applying to Aggravating or Mitigating Proceedings
The alleged victim or their immediate family’s opinion and evidence may factor in sentencing in an armed robbery case. Their opinions may become part of a presentence report, impacting a case’s outcome.
Let a Phoenix Armed Robbery Defense Lawyer Fight for You
The laws impacting armed robbery cases and aggravating factors are complex. Suzuki Law Offices is willing to invest in your case to understand the aggravating factors that may impact its outcome and determine mitigating factors that will work for your benefit.
We treat you like you would treat your family, tackling your case from every potential angle to benefit you and improve your future.
A free consultation helps us better understand your case and explain how an armed robbery defense attorney in Phoenix with our firm can help you. Our legal team is here for you, available 24/7, including the weekend. Our advocacy and committed guidance allow us to pursue your best interests.
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