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Armed Robbery in Arizona
Under Arizona Statute Section 13-1902, an individual commits robbery when the individual, in the course of taking property from another person against that other person’s will, threatens or uses forces against the other person with the intent to force the surrender of the property or prevent the other person from resisting or attempting to retain the property. Robbery is a crime that involves violence or potential violence. As such, robbery is considered a Class 4 Felony under Arizona law.
Robbery becomes much more severe when the crime involves the use or threat of use of a deadly weapon. Pursuant to Arizona Statute Section 13-1904, an individual commits armed robbery when the individual, in the course of taking property from another person against that person’s will, is armed with a deadly weapon or a simulated deadly weapon or uses or threatens to use a deadly weapon or dangerous instrument (or a simulated deadly weapon) to force the surrender of another’s property.
Armed robbery is a Class 2 Felony, demonstrating that the addition of any weapon or simulated weapon to the crime of robbery substantially increases the potential penalties as discussed below. At Chuck Franklin Law, we have extensive experience defending against serious felonies in Arizona. Our experienced legal team knows what to expect from area prosecutors, an advantage not shared by many criminal defense attorneys in Arizona.
Penalties Associated with Armed Robbery in Arizona
Penalties associated with a conviction of any felony in Arizona carries a risk of serious prison time. In Arizona, felonies become more serious as the number decreases. Therefore, a Class 2 Felony is more serious than a Class 4 Felony. Under Arizona Statute Section 13-702, a person convicted of armed robbery faces a maximum of 10 years in prison if the person has no prior felony convictions.
If the armed robbery conviction has mitigating or aggravating circumstances, the statute allows for a potential reduction or increase in a prison sentence. Mitigating factors are those that reduce the seriousness of the crime, while aggravating factors are those that increase the seriousness of the crime.
If a person convicted of armed robbery has prior felony convictions, the potential prison time may increase. One prior felony conviction would yield the same maximum prison sentence of 10 years, and if aggravating factors are involved, the prison time may increase to 12 1/2 years. A person with two prior felony convictions faces a potential maximum prison sentence of 18 1 /2 years. Aggravating factors may increase the prison sentence to 23 years. In the case of a category three repeat offender, aggravating factors may increase a prison sentence to 35 years for a Class 2 Felony.
Additional Consequences of Armed Robbery in Arizona
A person convicted of armed robbery faces not only prison time and monetary fines, but also a long list of consequences that follow a convicted felon after release from prison. Convicted felons lose the right to own a firearm, a constitutional right. The loss of a constitutional right is permanent absent changes in the law. Additionally, convicted felons may have difficulty finding a job after release from prison, finding a home or apartment to rent, purchasing a vehicle, and attending college
Because armed robbery carries potential life-long criminal and non-criminal consequences, working with an experienced Arizona armed robbery lawyer may help to minimize the harsh consequences of a first or subsequent felony conviction. Although no attorney can guarantee certain results, facing an armed robbery conviction without a qualified attorney may reduce the chances of reaching a fair result, including dismissal or reduction of a crime from a felony to a misdemeanor.
Experienced Arizona Armed Robbery Lawyers
At Chuck Franklin Law, we have been representing the rights of the accused for nearly thirty-five years. Serving the Phoenix area since 1987, the Arizona criminal defense lawyers of Chuck Franklin Law understand what is at stake when our clients are facing harsh felonies.
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