Robbery

Veteran Criminal Defense Lawyer Fighting Theft Charges on Behalf of Clients Throughout Maricopa County

Robbery is one of the most serious crimes you can be charged with in Arizona. Unlike theft, robbery involves direct confrontation with a victim, often using threats or force, which makes it a violent crime with severe penalties. Arizona law takes a tough stance on robberies, classifying them as a felony offenses that can lead to lengthy prison sentences and a permanent criminal record. If you’re facing these charges, understanding the law and your legal options is critical. At the Law Office of James E. Novak, we are dedicated to protecting your rights and building a powerful defense to help you put the case behind you and move on with your life.

Robbery Charges in Arizona

Under A.R.S. § 13-1902, a robbery occurs when someone takes another’s property from their immediate presence against their will by using force or threats of force. Arizona’s law focuses on the use of intimidation or physical force, making robbery distinct from other property crimes like theft or burglary,

Arizona law also recognizes two more serious types of robbery:

1. Aggravated Robbery (A.R.S. § 13-1903): An aggravated robbery is a robbery with the assistance of one or more accomplices who are actively involved in the crime. The involvement of additional participants increases the severity of the offense.
2. Armed Robbery (A.R.S. § 13-1904): Armed robbery is the most serious form of robbery, and it involves a robbery that is committed with a deadly weapon, a simulated deadly weapon, or a dangerous instrument. In this case, the presence of a weapon increases the potential penalty.

All forms of the crime require the prosecution to prove that you acted intentionally, used or threatened to use force, and took property directly from the victim or their immediate control. If the prosecution cannot prove even one of these elements beyond a reasonable doubt, a judge or jury cannot find you guilty.

Penalties for Robbery in Arizona

Arizona imposes harsh penalties for these offenses; however, the specific penalty in any robbery case depends on the charges and whether the offense involved any aggravating factors.

• Robbery: Robbery is a class 4 felony. A conviction can result in a prison sentence ranging from 1 to 3.75 years for first-time offenders, with increased penalties for prior convictions.
• Aggravated Robbery: Aggravated robbery is a class 3 felony. Sentences range from 2 to 8.75 years in prison for first offenses, with enhanced penalties for repeat offenders or aggravating circumstances.
• Armed Robbery: Armed robbery is a class 2 felony. A conviction carries a prison sentence of 4 to 10 years for first-time offenders. If the crime involves a dangerous weapon or repeated offenses, sentences can increase significantly, with mandatory minimums.

In addition to prison time, a conviction may also result in:

• Fines of up to $150,000.
• Restitution payments to alleged victims.
• A permanent felony record, affecting employment, housing, and other opportunities.

Because robberies are classified as violent crimes, those convicted may also face longer sentences under Arizona’s sentencing guidelines for dangerous offenses.

Defenses to Robbery Charges

Being charged with a crime is incredibly serious, but it doesn’t mean you will be convicted. An experienced Phoenix robbery attorney can help you fight the charges by developing a defense strategy designed to minimize your exposure as early on in the process as possible. While every case is unique, some of the defenses we rely on to fight robbery cases include the following:

• Mistaken Identity: Criminal charges often rely on eyewitness testimony, which can be unreliable.
• Lack of intent: Robbery requires proof that you intentionally used force or threats to take property.
• Insufficient evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If the evidence is weak, inconsistent, or circumstantial, the judge or jury may find that the government didn’t meet its burden.
• Alibi: If you were not present at the scene of the alleged crime, your attorney can present evidence to support your alibi.
• Violation of rights: If police officers violated your constitutional rights during the investigation, such as by conducting an illegal search or failing to read you your Miranda warnings, your attorney may seek to have evidence suppressed.

Each case is unique, and the right defense strategy depends on the specific circumstances of the offense and the evidence against you. At the Law Office of James E. Novak, we take the time to understand everything there is to know about your case before devising a compelling defense.

Meet with an Experienced Criminal Defense Lawyer to Discuss Your Case Today

If you or a loved one is facing robbery charges, don’t wait to secure the legal representation you need. The sooner you act, the better your chances of beating your case. At the Law Office of James E. Novak, we take pride in aggressively defending the rights of clients charged with serious felony crimes and won’t rest until we’ve done everything to ensure your ends in the best result possible. Call the Law Office of James E. Novak at 480-413-1499 or contact us through our secure online contact form for a free consultation.