Understanding ARS Robbery: ARS 13-1902 | ARS 13-1903 | ARS 13-1904
Facing ARS robbery charges can be overwhelming, and the legal system can feel complex and intimidating. Lawyer Listed provides clear information on robbery charges and potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of the ARS robbery laws, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona violent crimes attorney. If you are charged with robbery, aggravated robbery, or armed robbery in Arizona, let Lawyer Listed match you with your ideal violent crimes lawyer as soon as possible.
Arizona ARS Robbery Laws: The Complete Picture
Arizona law defines three distinct levels of robbery, each progressively more serious. Understanding how these laws work together—and what makes each one different—is crucial if you’re facing any robbery-related charges.
The three levels are:
- Robbery (ARS 13-1902): The foundation of all robbery charges, involving taking property from someone’s person or immediate presence using force or threats of force.
- Aggravated Robbery (ARS 13-1903): Basic robbery plus the presence of one or more accomplices.
- Armed Robbery (ARS 13-1904): Basic robbery plus the use or threats to use a deadly weapon, simulated deadly weapon, or dangerous instrument.
Elements of Robbery Under ARS 13-1902
To prove robbery, the State must show that you:
- Took property of another person;
- Took it from that person’s body or immediate presence;
- Took it against that person’s will; and
- Used or threatened to use force against any person, intending to make them surrender the property or to stop them from resisting the taking or keeping of it.
Element One: Taking Another Person’s Property
You must take property that belongs to someone else, not to you. The property can be anything of value: money, jewelry, electronics, vehicles, or other tangible items. The key is that you’re taking something that isn’t yours and that you don’t have permission to take.
Element Two: From the Person’s Body or Immediate Presence
This element distinguishes robbery from other theft crimes. The property must be taken from the victim’s body (such as snatching a necklace or grabbing a wallet from a pocket) or from their immediate presence (such as taking a purse sitting next to them).
“Immediate presence” means the property is close enough to the victim that they could have prevented the taking if you had not used force or created fear. Robbery requires a face-to-face confrontation where the victim is present during the taking.
Elements Three and Four: Against Their Will Using Force or Threatening Force
The taking must be accomplished against the person’s will by using force or by creating fear of harm. The force does not have to be severe or dramatic—even relatively minor physical contact can constitute force for robbery purposes. Examples include:
- Pushing someone aside to grab their purse
- Shoving someone to the ground to take their wallet
- Wrestling property away from someone’s grip
- Grabbing items from someone’s hands against their resistance
Elements of Aggravated Robbery Under ARS 13-1903
To prove aggravated robbery, the State must show that you:
- Took property of another person;
- Took it from that person’s body or immediate presence;
- Took it against that person’s will;
- Used or threatened to use force against any person, intending either to make them surrender the property or to stop them from resisting your taking or keeping it; and
- Committed the robbery with one or more accomplices who were actually present at the scene.
Elements of Aggravated Robbery Explained
If you commit a robbery with one or more other people helping you, and those accomplices are actually present during the robbery, the charge escalates to aggravated robbery. The accomplice doesn’t need to be the person who directly takes the property or personally uses force against the victim. Their presence as a helper during the robbery is enough to trigger this charge.
The accomplice must be “actually present” at the scene, meaning they are there during the robbery itself. Someone who helped plan the robbery but wasn’t present or someone who served as a getaway driver waiting blocks away would not support aggravated robbery charges.
Elements of Armed Robbery Under ARS13-1904
To prove armed robbery, the State must show that you:
- Took property of another person;
- Took it from that person’s body or immediate presence;
- Took it against that person’s will;
- Used or threatened to use force against any person, intending either to make them surrender the property or to stop them from resisting your taking or keeping it; and
- During the robbery, you or an accomplice (a) were armed with a deadly weapon, simulated deadly weapon, or dangerous instrument; or (b) used or threatened to use a deadly weapon, simulated deadly weapon, or dangerous instrument; or (c) took or attempted to take possession of a deadly weapon.
Circumstance One: Armed with a Deadly Weapon or Simulated Deadly Weapon
Simply having a deadly weapon on you during a robbery triggers armed robbery ARS charges. The weapon could be:
- In your pocket, waistband, or bag
- In your vehicle if you are using the vehicle during the robbery
- Hidden anywhere on your person or within your immediate access
The weapon does not need to be shown to the victim or seen by anyone, but it must actually be present at the time of the offense. A verbal threat alone, without a deadly weapon, dangerous instrument, or simulated deadly weapon in your possession or control, does not meet the requirement for armed robbery.
This element also includes “simulated deadly weapons”—objects that are not actually dangerous but look as if they are.
For example:
- A realistic-looking toy gun
- A nasal inhaler used to simulate the barrel of a gun pressed to the victim’s body
- Even your hand shaped like a gun inside your jacket if you claim to be armed can qualify
Circumstance Two: Use or Threaten to Use of a Deadly Weapon, Simulated Deadly Weapon, or Dangerous Instrument
You commit armed robbery if you use or threaten to use a deadly weapon, simulated deadly weapon, or dangerous instrument during a robbery. This can involve:
Actual use of a deadly weapon or dangerous instrument:
- Hitting or striking someone with a weapon
- Pointing a gun at someone
- Holding a knife to someone’s throat
Threatening to use a weapon or dangerous instrument:
- Displaying a gun in a threatening manner
- Raising a bat while making threats
- Verbally threatening to use a knife
The threat does not have to be verbal or explicit. Simply revealing a gun in your waistband, brandishing a knife, or raising a baseball bat in a threatening posture all constitutes threatening to use a deadly weapon under the armed robbery law.
The weapon does not need to be functional. An unloaded gun, a broken knife, or a cracked bat—if used or threatened during a robbery—can still trigger an armed robbery charge.
Circumstance Three: Taking or Attempting to Take a Deadly Weapon During the Robbery
If you grab a deadly weapon from someone during the robbery, or attempt to do so, this can trigger an armed robbery charge even if you did not bring a weapon yourself.
For example:
- You’re robbing someone and notice they have a gun in a holster, and you try to take it
- During a robbery, you grab a knife from the victim’s possession
- You attempt to disarm a security guard during a robbery
The statute of limitations is the deadline for filing criminal charges after an alleged offense. For aggravated harassment, prosecutors generally have up to seven years from the date of the alleged offense to bring charges.
Key Concepts of Robbery
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
- Force: Any physical act directed against a person as a means of gaining control of property.
- Property of another: Property in which anyone other than you has a legal interest. This excludes property you possess when the other party holds only a security interest (such as a lender’s lien on a car).
- Threat: A verbal or physical menace of imminent physical injury to another person.
- In the course of committing: Any act beginning with the initiation and extending through the flight from a robbery.
- Dangerous instrument: Anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
- Deadly weapon: Anything designed for lethal use, including a firearm.
- Dangerous offense: An offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.
Arizona Statute of Limitations for Aggravated assault
The statute of limitations is the deadline for filing criminal charges after an alleged offense. Prosecutors generally have up to seven years from the date of the alleged offense to bring robbery charges.
Sentencing for Aggravated Assault
The penalties for robbery, aggravated robbery, and armed robbery in Arizona are substantial and can have long-lasting effects. Sentences vary based on your criminal history and the circumstances surrounding the crime. Understanding these consequences helps you make informed decisions about your defense.
| Offense | Charge | Prison | Probation (max) |
|---|---|---|---|
| Robbery | Class 4 felony | 1 – 3.75 years | 4 years |
| Aggravated Robbery | Class 3 felony | 2 – 8.75 years | 5 years |
| Armed Robbery | Class 2 felony | 3 – 12.5 years | 7 years |
| Armed Robbery (dangerous offense) | Class 2 felony | 7 – 21 years | Not available |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Arizona law establishes a three‑level structure of robbery offenses, each defined by escalating elements.
- Robbery: Taking property from someone’s person or immediate presence against their will by using force or threats of force.
- Aggravated robbery: Robbery with one or more accomplices who are actually present during the crime.
- Armed robbery: Robbery when you or an accomplice are armed with, or use or threaten to use, a deadly weapon, simulated deadly weapon, or dangerous instrument.
- Sentencing:
- Robbery: Classified as a Class 4 felony with a potential prison sentence ranging from 1 to 3.75 years and/or up to 4 years of probation.
- Aggravated Robbery: Classified as a Class 3 felony with a potential prison sentence ranging from 2 to 8.75 years and/or up to 5 years of probation.
- Armed Robbery: Classified as a Class 2 felony with a potential prison sentence ranging from 3 to 12.5 years and/or up to 7 years of probation.
- Armed Robbery (Dangerous): Classified as a Class 2 dangerous felony with a potential prison sentence ranging from 7 to 21 years. Probation is not available for dangerous offenses.
- Statute of limitations: The statute of limitations for all ARS robbery charges is seven years from the date of the offense.
Next Steps:
Robbery is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you are facing charges under the Arizona robbery laws, engaging a skilled violent crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.