Felony Armed Robbery & Aggravated Robbery Charges

It's important to distinguish between two closely related yet distinct charges: Aggravated Robbery and Armed Robbery. While both involve theft and the use of force, they carry different legal implications that can significantly impact the outcome of a case.

▶ Aggravated Robbery Charges

Aggravated robbery charges in Arizona involve more than just the act of robbery itself. When a person commits aggravated robbery, in order to be charged with aggravated robbery, specific elements must be present, elevating the offense to a more serious level.

Below are the key elements that define aggravated robbery charges in the state:

• Use or Threat of Force: Aggravated robbery requires the use or threat of force during the commission of a robbery. This force can be physical violence or the threat of violence against the victim.
• Serious Bodily Harm: If the defendant causes serious bodily harm to the victim during the robbery, the charge can be elevated to aggravated robbery. Serious bodily harm refers to injuries that pose a substantial risk of death or permanent disfigurement.
• Use of Deadly Weapons: The use of a deadly weapon, such as a firearm or a knife, during the robbery, is a significant factor in determining aggravated robbery. The mere presence of a deadly weapon, even without physical harm, can lead to an aggravated charge.
• Involvement of Multiple Offenders: If the robbery is committed by multiple offenders working together, this can also contribute to the charge being classified as aggravated robbery.
• Specific Intent: Aggravated robbery charges require the prosecution to prove that the defendant had the specific intent to commit robbery and the accompanying factors that elevate the charge.

It's important to note that the presence of any one of these elements can lead to a charge of aggravated robbery, even if the others are not present.

Each case is unique, and the circumstances surrounding the offense will influence how the charges are pursued.

▶ Armed Robbery Charges

Armed robbery as defined in Arizona Revised Statutes ARS 13-1902 and ARS 13-1903 introduces a significant escalation to the offense of robbery due to the involvement of a deadly weapon. This distinction carries profound legal implications and can substantially affect the outcome of a case. Understanding the distinctive features of armed robbery charges is crucial for individuals facing these allegations.

• Role of Weapons in Armed Robbery: In armed robbery cases, involving one or more accomplices, the presence of a deadly weapon significantly amplifies the potential danger and harm associated with the offense. The use of weapons such as firearms, knives, or other instruments capable of causing serious injury or death heightens the perceived threat to the victim. Courts take this factor seriously, as it not only endangers the victim but also increases the potential for violence and danger to others in the vicinity.
• Factors Considered by the Court: When determining whether a robbery qualifies as armed robbery, the court takes various factors into account. These may include the type of weapon used, whether the weapon was brandished or concealed, and whether the defendant had the intention to use the weapon to intimidate or harm the victim. Additionally, the court may consider the level of force employed and the victim's perception of danger in response to the weapon.
• Potential Penalties and Sentencing: Armed robbery charges carry more severe penalties compared to simple robbery or even aggravated robbery. In Arizona, a conviction for armed robbery can result in substantial prison time, substantial fines, and other legal consequences. The gravity of the penalties underscores the importance of having a robust legal defense to challenge the charges and minimize potential repercussions.