What is Aggravated Robbery in Arizona? – ARS 13-1903
ARS 13-1903 defines Aggravated Robbery in Arizona. The statute reads as follows:
“A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present.”
Arizona has multiple different laws in place which define and criminalize various types of robbery. This can include Robbery, Aggravated Robbery, and Armed Robbery. If a person commits aggravated robbery they could face a Class 3 Felony. This is a serious offense and should be defended with the help of an expert criminal defense lawyer like Jack Litwak. Jack has years of experience in Arizona representing those accused of a crime to defend their constitutional rights.
Arizona Robbery Laws Explained
Robbery in Arizona is defined under the Arizona statute ARS 13-1902. Robbery is when a person, in the course of taking the property of another person against their will, threatens or uses force with the intent either to coerce surrender of property or prevent resistance to the theft. This definition of robbery is used as the underlying offense in aggravated and armed robbery charges.
What are some examples of robbery?
Well, say your friend told you a story of when they went up to someone and told them “give me all your money, or else.” What your friend just described is a classic example of simple robbery.
How is Robbery different from Theft?
Theft and Robbery are similar and related charges. Theft, as defined under Arizona Statute ARS 13-1802, is “the unlawful taking of another person’s property.” This is different from Robbery in that theft does not require the use of force or a threat in the process of its commission. Theft is a less serious offense than that of robbery and thus its punishment is less severe.
An example of theft could be your friend telling you a story of when they saw their neighbor’s bike outside their house and decided to take it without asking. If the bike was worth less than $1,000 then your friend could be charged with a misdemeanor. If the neighbors had decided to splash some cash and the bike was more expensive, then your friend could be looking at a felony.
Penalties for ARS 13-1903
Aggravated Robbery, as we mentioned above, is when a person is accused of robbery but is also accused of having an accomplice. This means that a person is being accused of taking someone else’s property, by threat or use of force, while being aided by someone else.
What are some potential penalties to Aggravated Robbery? This charge is a Class 3 Felony. This means that a conviction for a first-time offense could mean 2 to 8.75 years in state prison and fines ranging from $750 to $150,000.
What could be some potential defenses to this charge? Each case is unique, these examples only serve to illustrate potential defenses an attorney could bring as part of a defense strategy. One example could be in arguing that the property was not technically stolen because it’s technically under the accused rightful ownership. If the person accused was simply taking back their rightful possession(s) then they should not be charged with robbery. Another possible defense is that of a mistaken identity. Mistaken identities happen all the time, the person accusing someone of acting unlawfully might not remember too well what their robber looked like.
Phoenix Criminal Defense Lawyer – Litwak Law
If you or someone you love has been accused or charged with any type of robbery offense contact our offices today. We are based in Phoenix but represent clients throughout the state of Arizona, no matter their county or city.