Criminal Defense

Armed Robbery

A.R.S. § 13-1904

In Arizona, armed robbery is a serious criminal offense that involves using a deadly weapon or a simulated deadly weapon to steal property from another person. This is an important element – a person can commit armed robbery using a toy weapon.

 The key elements of armed robbery include the use of force or intimidation, coupled with the presence of a weapon. Here’s a detailed description and the possible punishments according to Arizona statutes:

Armed Robbery Definition: Armed robbery is defined under Arizona Revised Statutes (A.R.S.) § 13-1904. It occurs when a person:

    1. Uses force or threatens to use force against another person,
    2. While in the course of committing theft,
    3. With the intent to coerce surrender of property or to prevent resistance to the theft,
    4. And possesses or uses a deadly weapon or a simulated deadly weapon.

A deadly weapon is broadly defined in Arizona law and can include firearms, knives, or any object capable of causing death or serious injury.

Possible Punishments: The penalties for armed robbery in Arizona are severe and vary based on the circumstances of the crime:

  1. First-Degree Armed Robbery: If the robbery involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, it is considered first-degree armed robbery. First-degree armed robbery is a Class 2 felony. According to A.R.S. § 13-701, the possible sentence for a Class 2 felony in Arizona is between 7 and 21 years in prison.

  2. Second-Degree Armed Robbery: If the robbery involves the presence of a deadly weapon but does not meet the criteria for first-degree armed robbery (i.e., no discharge, use, or threatening exhibition of the weapon), it is considered second-degree armed robbery. Second-degree armed robbery is a Class 3 felony. According to A.R.S. § 13-702, the possible sentence for a Class 3 felony in Arizona is between 2.5 and 7 years in prison.

These penalties can be increased if aggravating factors are present, such as causing serious bodily injury or if the defendant has prior criminal convictions. Additionally, under Arizona law, sentences for armed robbery may include mandatory minimum prison terms and the possibility of consecutive sentencing for multiple offenses.

It’s important to consult with a qualified criminal defense attorney for specific legal advice regarding armed robbery charges in Arizona, as each case may present unique circumstances that could impact potential outcomes.