ARS 13-1902 – Robbery – Arizona
Stealing, theft, robbery, burglary. What’s the difference between these terms? We hear these words get thrown around a lot and sometimes people don’t know their legal differences. Say you go out to eat. You order your food and decide to use the bathroom before it gets to your table. But, you left your phone on the table and when you come back to it you realize it’s been stolen. You might say to yourself or someone else “I’ve been robbed.”
Now, although no one is going to question your use of language (except maybe an attorney), legally speaking theft and robbery are different. Stealing from someone is not robbery. One of the necessary elements of Robbery is the use or threat of force. Arizona’s state laws have several definitions of robbery including: robbery, aggravated robbery, and armed robbery.
A.R.S. Section 13-1902 defines “Robbery” as the taking of any type of property from someone’s person or in their immediate presence and against their will, while threatening or using force against the victim with the purpose of coercing the surrender of the property or to prevent the person from resisting the robbery. Robbery is a Class 4 Felony in Arizona.
Aggravated Robbery uses the same definition of robbery but adds the requirement to be aided by one or more persons. Committing robbery with one or more accomplices with you is a Class 3 Felony.
No matter which specific charge is brought against you, if you are accused of robbery you face serious consequences. The Litwak Law Group’s core belief is that everyone is entitled to their constitutional right. You deserve to have your side of the story told if you are facing these charges. Contact us today to set up a consultation.
ARS Armed Robbery – Arizona
Armed Robbery is a Class 2 Felony in Arizona. Armed Robbery includes the definition mentioned above, but while armed with a deadly weapon, threatening to use a deadly weapon or dangerous instrument, or actually using the weapon or instrument. The use of a ‘fake’ weapon, that is a simulated deadly weapon, is under Arizona law usable as reasoning for bringing this charge forward.
Armed Robbery with a Deadly Weapon Sentences in Arizona
Robbery charges can have significant penalties under Arizona law. The penalty for a first-time “robbery” can be as minor as one year in jail but a first offense armed robbery conviction automatically carries a mandatory seven-year prison sentence. You want an experienced and aggressive Arizona Criminal Defense Lawyer to interview the witnesses, review all of the evidence, and formulate an early and aggressive trial strategy to try to get you the best outcome in your case. For example, maybe you did not have the requisite intent to commit this crime, maybe you had permission to enter or take an item. You could be the subject of a mistaken identification and had alibi witnesses to support your defense. Maybe you were coerced to do something, you reasonably feared for your life if you did not complete the act which you are charged with. These are all potential issues that could come up if your case is properly investigated. Do not hire an inexperienced attorney, these are serious charges. You need someone with significant trial and litigation experience. Jack Litwak has both.
Criminal Defense Attorneys – Phoenix
If you would like to aggressively fight against robbery accusations and charges, contact the Litwak Law Group to set up a free consultation. It is best to start working on a defense and explore constitutional violations as early as possible.