Robbery Charges in Arizona

In Arizona, robbery is defined under ARS 13-1902 as the act of taking someone else’s property from their person or immediate presence by using force, threats, or intimidation.

This force or intimidation must be used to overcome the victim’s resistance to the taking of their property. The key elements of robbery include:

• Taking of property: The defendant must have taken someone else’s property.
• Use of force or threats: The defendant must have used physical force or threatened the victim to induce fear and prevent resistance.
• From a person or presence: The property must have been taken directly from the victim or from their immediate control or presence.

Robbery is distinct from theft in that it involves direct confrontation with the victim, making it a much more serious crime under Arizona law.

Arizona law recognizes three types of robbery: robbery, aggravated robbery, and armed robbery. Each type of robbery comes with different levels of severity based on how the crime was committed and whether weapons or accomplices were involved.

Robbery (ARS 13-1902)

Under ARS 13-1902, robbery is the basic form of the crime and involves taking property from someone’s person or presence using force or threats. This type of robbery does not involve the use of weapons, making it the least severe form of robbery in Arizona.

• Class 4 felony: If convicted of theft, the crime is classified as a class 4 felony, which can lead to a sentencing of 1 to 3.75 years in prison for a first-time offender. However, the sentence can increase based on prior convictions or aggravating factors.

Aggravated Robbery (ARS 13-1903)

Aggravated robbery, under ARS 13-1903, occurs when a person commits theft with the help of one or more accomplices. While no weapons are involved, the presence of additional offenders makes the crime more serious.

• Class 3 felony: Aggravated robbery is classified as a class 3 felony, carrying potential penalties of 2 to 8.75 years in prison. The involvement of multiple participants elevates the crime’s severity as the victim faces increased danger.

Armed Robbery (ARS 13-1904)

Armed robbery, as defined by ARS 13-1904, is the most severe form of robbery in Arizona. This crime occurs when a person commits theft while armed with a deadly weapon or dangerous instrument or if the person threatens to use a weapon during the crime. Even if the weapon is not used, the mere presence of a weapon can result in armed theft charges.

Class 2 felony: Armed robbery is a class 2 felony, which carries the most severe penalties, including 7 to 21 years in prison for a first offense. Armed robbery is aggressively prosecuted due to the heightened risk of injury or death to the victim.

The penalties for robbery in Arizona depend on the type of robbery committed and whether there are aggravating factors, such as the use of weapons or the involvement of accomplices. Here’s a breakdown of the penalties based on the robbery charge:

• Robbery (Class 4 Felony): Penalties range from 1 to 3.75 years in prison. Repeat offenders or those with prior felony convictions may face longer sentences.
• Aggravated Robbery (Class 3 Felony): A conviction can lead to 2 to 8.75 years in prison. Penalties increase if the defendant has prior convictions or if aggravating factors are present.
• Armed Robbery (Class 2 Felony): A conviction carries severe penalties, with sentences ranging from 7 to 21 years in prison for a first offense. If the defendant has prior felony convictions or if the robbery involved the actual use of the weapon, the sentence can increase.

Additional penalties for any robbery conviction may include fines, restitution to the victim, probation, and a criminal record that can affect your ability to find employment, secure housing, or possess firearms in the future.

Facing a robbery charge in Arizona can be overwhelming, but there are several potential defenses that can help reduce or dismiss the charges. Each robbery case is unique, and a skilled criminal defense attorney will analyze the facts to determine the best defense strategy. Common defenses for robbery include:

• Mistaken identity: In many robbery cases, the defendant may be falsely identified by the victim or witnesses. An attorney can challenge the accuracy of the identification and introduce evidence proving you were not involved.
• Lack of force or threats: For a robbery conviction, the prosecution must prove that force, threats, or intimidation were used to take the property. If no such force was applied, the charge may be reduced to a lesser offense, such as theft.
• No intent to steal: Robbery requires the intent to steal the property. If the defendant lacked the intention to commit robbery and was mistakenly accused, this defense could be used to challenge the charge.
• Coerced confession: If law enforcement obtained a confession through coercion or violation of your rights, the confession may be inadmissible in court, weakening the prosecution’s case.

These defenses must be carefully evaluated and argued by a defense attorney familiar with Arizona robbery laws. A strong defense could result in reduced charges or an outright dismissal of the case.

At Guardian Law, we have the knowledge and experience necessary to handle complex robbery cases. Christian’s background as a former felony prosecutor gives him insight into how the state builds its cases, allowing him to anticipate prosecution strategies and craft strong defenses aimed at reducing or dismissing charges. 

Don’t face robbery charges alone. The consequences of a felony conviction are too severe to risk going without legal representation. Contact Guardian Law today for a free consultation and to start building your defense.