Under Arizona law, Felony Armed Robbery and Aggravated Robbery criminal charges refer to serious offenses involving the use of force or threats while committing a robbery.
Felony Armed Robbery occurs when an individual, while committing theft, is armed with a deadly weapon or threatens the immediate use of force or violence. On the other hand, Aggravated Robbery involves inflicting serious bodily injury upon another person or using or displaying a deadly weapon or simulated deadly weapon.
These charges carry severe legal consequences and are governed by Arizona Revised Statute § 13-1904. If convicted, individuals may face significant penalties, including imprisonment and fines, highlighting the critical importance of seeking professional legal counsel when facing such charges.
❗Did you know that, according to recent data, the conviction rate for aggravated robbery and armed robbery charges in Arizona has steadily decreased by 15% over the past five years? While this may offer some reassurance, it's crucial to understand that the legal landscape is still complex and challenging.
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Aggravated Robbery vs. Felony Armed Robbery
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.
Legal Consequences and Penalty Differences
The legal consequences and potential penalties associated with aggravated robbery and armed robbery convictions are significant. Understanding the differences in sentencing for these charges is crucial for anyone facing these allegations and seeking to mount a strong defense. Let's explore the varying consequences and sentencing disparities between these two charges.
- The Severity of Penalties: Aggravated robbery and armed robbery convictions can both result in severe penalties, but armed robbery carries an additional layer of seriousness due to the involvement of a deadly weapon.As a class 2 felony in Arizona, an armed robbery conviction can lead to a prison sentence ranging from 7 to 21 years in prison, with the possibility of parole after serving 85% of the sentence. On the other hand, aggravated robbery is a Class 3 felony, which may result in a prison term of 5 to 15 years.
- Potential for Enhanced Sentences: In both aggravated robbery and armed robbery cases, certain factors can lead to enhanced sentencing. These factors, often referred to as "aggravating circumstances," include the use of weapons, causing significant bodily harm, first offense, and prior criminal history.Enhanced sentences can lead to longer prison terms and more substantial fines, making it even more crucial to mount an effective defense strategy.
- Legal Strategies for Mitigation: Given the potentially life-altering consequences of aggravated robbery and armed robbery convictions, legal strategies for mitigation are paramount. An experienced criminal defense attorney can examine the evidence, challenge the prosecution's case, and explore potential defenses to protect the defendant's rights and advocate for a favorable outcome. Negotiating with the prosecution and exploring plea agreements may also be avenues for reducing potential penalties.
Building a Strong Legal Defense for Armed Robbery
When facing armed robbery charges, a robust legal defense strategy is paramount to protect your rights and advocate for the best possible outcome. Building an effective defense requires careful analysis of the evidence, meticulous examination of the circumstances, and leveraging legal expertise to challenge the prosecution's case.
- Evaluating Evidence and Procedures: An experienced criminal defense attorney will meticulously review the evidence and the procedures followed by law enforcement during the investigation and arrest. Any potential violations of your rights or irregularities in the collection of evidence can be pivotal in building a solid defense. Your attorney will scrutinize the chain of custody of physical evidence, evaluate witness statements, and assess whether proper protocols were adhered to during your arrest.
- Challenging Witness Credibility: Witness testimony often plays a significant role in robbery cases. Your attorney will delve into the credibility of witnesses, seeking inconsistencies or potential biases that could undermine their testimony. Cross-examination during trial can expose gaps in witness accounts and cast doubt on the accuracy of their recollections. Challenging witness credibility can weaken the prosecution's case and contribute to a more favorable outcome for the defendant.
- Negotiating and Exploring Alternatives: A skilled criminal defense attorney will explore various legal avenues beyond a trial. This can include negotiating with the prosecution for a plea agreement that may result in reduced charges or penalties. Depending on the specifics of your case, your attorney might explore options for diversion programs, rehabilitation, or community service. An attorney's ability to effectively negotiate and present alternatives can lead to more lenient outcomes and prevent the potentially severe consequences of a conviction.
Importance of Legal Representation in Robbery Cases
Navigating the complex legal landscape of robbery cases, especially those involving aggravated robbery and armed robbery charges, underscores the crucial role of legal representation. The stakes are high, and having a skilled criminal defense attorney by your side can make a significant difference in the outcome of your case.
- Expertise in Criminal Law: Criminal defense attorneys specializing in robbery cases possess a deep understanding of Arizona's criminal laws, the nuances of evidence collection, and the intricacies of courtroom proceedings. This expertise enables them to craft effective defense strategies tailored to the unique circumstances of each case. Whether it's challenging evidence admissibility or cross-examining witnesses, their legal knowledge is an invaluable asset.
- Protection of Rights: An experienced attorney will ensure that your constitutional rights are protected throughout the legal process. From the moment you're arrested, your attorney will work to prevent any violations of your rights, such as unlawful searches or coercive interrogations. Additionally, they will advise you on your legal options, guide you through questioning by law enforcement, and safeguard your interests at every stage.
- Strategic Defense Building: A criminal defense attorney will analyze the evidence, identify potential weaknesses in the prosecution's case, and strategically build a defense that aims to secure the best possible outcome. This may involve challenging the credibility of witnesses, disputing the accuracy of evidence, or presenting alternative explanations for the events in question. With their strategic approach, attorneys can cast doubt on the prosecution's narrative and increase the chances of a favorable verdict or negotiated settlement.
How a Phoenix Criminal Defense Attorney Can Help
Facing charges of aggravated robbery and armed robbery is a serious and potentially life-changing predicament. The detailed nature of the law and the severe consequences of a conviction necessitate having an experienced and dedicated criminal defense attorney at your side.
Attorney Josh Kolsrud of Kolsrud Law Offices is uniquely qualified to offer such a defense. This guide explores how his experience, expertise, and unfaltering commitment to his clients make him the best choice for anyone facing charges under Arizona Revised Statute 13-1904 for aggravated and armed robbery.
▶ Broad Experience and Expertise
Former Federal Prosecutor: Josh Kolsrud's background as an ex-federal prosecutor equips him with priceless insights into how the prosecution operates and strategizes.
Impressive Track Record: Handling over 3,500 cases and over 100 jury trials in Arizona, his substantial experience attests to his legal proficiency.
Specializing in Robbery Cases: Kolsrud's familiarity with the intricacies of robbery laws and the complexity of robbery investigations differentiates him from other defense attorneys.
▶ Unyielding Dedication to Clients
Personalized Approach: Josh Kolsrud adopts a tailored approach, taking time to understand each detail of his client's case, and shaping a defense strategy aligned with the unique circumstances
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An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort