Understanding Armed Robbery Arizona: ARS 13-1904
Facing armed robbery Arizona charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona armed robbery statute. It explains key terms and the armed robbery Arizona sentencing. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with Arizona armed robbery, consult with a qualified armed robbery attorney Phoenix as soon as possible.
What is Armed Robbery Arizona?
Arizona armed robbery, under ARS 13-1904, is a significant escalation of the crime of robbery as described in ARS 13-1902. It occurs if you commit robbery (taking property from another’s person or presence against their will using force or threat of force) and one or more of the following are also present:
- You are armed with a deadly weapon (or a simulated deadly weapon).
- You use or threaten to use a deadly weapon or dangerous instrument.
- You take possession of, or attempt to take possession of, a deadly weapon during the commission of the robbery.
The presence of a deadly weapon, even if not used, elevates the charge to armed robbery. This makes armed robbery distinct from aggravated robbery, and its penalties significantly more severe.
Armed Robbery vs. Aggravated Robbery in Arizona
While both aggravated and armed robbery involve the use of force or threat of force during a robbery, they have key differences and distinct consequences:
- Armed Robbery: This involves the presence or use of a deadly weapon, even if the weapon is simulated or the threat is not carried out. It is considered the most severe type of robbery.
- Aggravated Robbery: This involves factors such as the presence of an accomplice, causing serious bodily harm to the victim, or having a prior conviction. The severity is influenced by aggravating factors.
Sentencing for Armed Robbery:
Armed robbery in Arizona is a Class 2 dangerous felony. The base armed robbery sentence Arizona for a first-time offender is included below:
- Minimum sentence: 7 years
- Presumptive sentence: 10.5 years
- Maximum sentence: 21 years
The sentence dramatically increases if you have prior criminal convictions.
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: Arizona armed robbery (ARS 13-1904) involves committing robbery while armed with a deadly weapon, using or threatening to use a deadly weapon, or taking possession of a deadly weapon during the crime. This is a significant escalation from simple robbery.
- Key Distinctions: Armed robbery is distinct from aggravated robbery, with the former involving the presence or use of a deadly weapon, while the latter may involve factors such as the presence of an accomplice or causing serious bodily harm.
- Severe Penalties: Armed robbery is a Class 2 dangerous felony in Arizona. For a first-time offender, the minimum sentence is 7 years, the presumptive sentence is 10.5 years, and the maximum sentence is 21 years. Prior criminal convictions can lead to even harsher penalties.
Next Steps:
Armed robbery Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing Arizona armed robbery charges, under ARS 13 1904, engaging a skilled armed robbery attorney Phoenix is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.