Armed robbery is a serious criminal offense in Arizona that can result in severe penalties. As one of the most aggressively prosecuted crimes in the state, armed robbery can carry long-term consequences for those convicted. The specific sentence for armed robbery can vary depending on several factors, including the offense’s severity, criminal history, and aggravating or mitigating circumstances.
If you face an armed robbery charge in Arizona, understanding the legal process and potential sentencing guidelines is critical to mounting an effective defense. Every attorney at Suzuki Law Offices was once a prosecutor and knows how to help you achieve the best outcome after an armed robbery conviction. Contact our firm today to learn how an experienced Phoenix armed robbery defense lawyer can help you protect your rights and future.
What Is Armed Robbery?
Arizona law A.R.S. §13-1904 defines armed robbery as a type of robbery where the perpetrator uses or threatens to use a deadly weapon or dangerous instrument during the commission of the crime. Robbery, in general, is defined under A.R.S. §13-1902 as taking another person’s property by force, intimidation, or the threat of force. To better understand the differences between robbery and armed robbery, you must break down the basic elements of robbery under Arizona law:
- Taking of property: You must take property from another person or in their immediate presence.
- Use of force or threat: You must accomplish the taking by using or threatening force against the victim.
- Intent: You must intend to deprive the victim of the property permanently.
Armed Robbery Defined
In Arizona, armed robbery involves all the elements of robbery, but with an additional factor: the presence of a weapon. According to the law, armed robbery occurs when an individual or an accomplice commits a robbery while either armed with a deadly weapon, using or threatening to use a dangerous instrument, or simulating a deadly weapon. The key difference between robbery and armed robbery is the involvement of a weapon or a threat involving a weapon, which results in far more severe sentences if convicted of armed robbery in Arizona.
Sentencing Guidelines for Armed Robbery in Arizona
Armed robbery is classified as a Class 2 felony under Arizona law, making it one of the most serious non-homicide offenses in the state. The typical sentence for a Class 2 felony in Arizona under A.R.S. §13-702 is 3 to 12.5 years in prison. However, the actual sentence for armed robbery can vary depending on several factors:
- Prior convictions: If you have prior felony convictions, you may face longer sentences.
- Aggravating circumstances: Factors that can influence the severity of your sentence include using a deadly weapon, injuring the victim, and involvement in gang-related activity.
- Mitigating circumstances: Factors that can reduce the sentence’s severity include a lack of criminal history, cooperation with law enforcement, and evidence that you played a lesser role in the crime.
Dangerous Offenses
The potential penalties are even harsher if an armed robbery is classified as a “dangerous offense” under A.R.S. §13-704. Dangerous offenses are punishable by a prison sentence of 7 to 21 years. Do not risk your future by not consulting our experienced armed robbery defense attorneys in Phoenix and discussing why you should hire Suzuki Law Offices.
Additional Penalties
If you are convicted of armed robbery, you may also face fines, restitution, and probation. It is crucial to seek legal help from our skilled Phoenix armed robbery defense attorneys immediately. We can help you understand your rights, build a strong defense, and potentially negotiate a plea deal or a reduced sentence.
Factors that Can Influence Sentencing
Several factors can influence the sentence for armed robbery. Our Suzuki Law Offices legal team will explain how each of them may impact your case. Common factors that can affect your sentence include:
- The victim’s impact statement: A victim’s impact statement can describe the harm the crime caused and may influence the judge’s sentencing decision.
- Your remorse: Showing remorse for the crime can be a mitigating factor.
- Your character: The court can consider your character, work history, community involvement, and personal relationships.
- The prosecutor’s recommendations: The prosecutor may recommend a specific sentence based on their assessment of the case and your criminal history.
Possible Defenses to Armed Robbery Charges
Armed robbery charges can result in severe penalties, so it is critical to have a strong legal defense from our armed robbery defense lawyers in Phoenix if you are facing such charges. While every case is different, there are several common defenses you may use to challenge armed robbery charges in Arizona. These include:
- Lack of evidence: The prosecution must prove every element of the armed robbery charge beyond a reasonable doubt. A strong defense may focus on undermining the evidence presented by the prosecution, such as challenging witness testimony, surveillance footage, or forensic evidence.
- Mistaken identity: Armed robbery often occurs in high-stress, fast-moving situations, which can lead to mistaken identity by witnesses or police. Our skilled defense attorneys can work to cast doubt on the reliability of identification evidence.
- Coerced confession: If law enforcement obtained your confession through coercion, intimidation, or without proper Miranda warnings, it may be inadmissible in court. Our armed robbery defense attorneys can file a motion to suppress any unlawfully obtained statements, which could weaken the prosecution’s case.
- No weapon was used: In some cases, the prosecution may allege that you used or implied a deadly weapon during the commission of a robbery. However, if we can show that no weapon was actually involved or that you did not use or threaten to use a weapon, the prosecutor may reduce the charge from armed robbery to simple robbery, which carries lesser penalties.
- Alibi defense: An alibi defense involves providing evidence that you were not at the crime scene when the armed robbery occurred. If credible evidence, such as witness testimony, surveillance footage, or cell phone records, can show that you were elsewhere at the time of the robbery, it may lead to an acquittal.
- Duress: In some cases, you may commit a crime under duress, meaning you were forced to participate in the robbery due to threats of violence or harm to yourself or your loved ones. While duress is not always a complete defense to armed robbery, we may use it to mitigate the severity of the charges or the resulting sentence.
It Is Crucial that You Hire an Arizona Armed Robbery Defense Lawyer
Given the serious consequences of an armed robbery conviction, seeking legal representation from a knowledgeable and experienced Arizona armed robbery defense attorney is critical. A strong defense can help protect your rights, challenge the evidence against you, and potentially result in reduced charges or a more lenient sentence. Contact Suzuki Law Offices today to schedule a free consultation with a skilled defense attorney If you are facing armed robbery charges.
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