Robbery charges are serious offenses in the eyes of the court because they could negatively affect your social, financial, and professional life when the prosecutor secures a conviction against you. While several people think that robbery and theft are similar, robbery offenses involve the use of force, violence, or threats to steal from someone else.

However, if you had one or two accomplices during the robbery, the prosecutor will file your offense as an aggravated robbery, which carries harsher consequences upon conviction. If you are under arrest or investigation as a suspect in a robbery or aggravated robbery case, you should work with a defense attorney.

A skilled attorney can help you understand the difference between these two serious crimes and develop defenses that could help you avoid a conviction or secure less harsh penalties upon conviction.

Robbery Offense at Glance

According to Arizona Revised Statute (ARS) 13-1902, you commit the crime of robbery when you use force or threats to steal another person's property or item. That means if you did not use force or threats, making the owner fear for his/her safety or life, he/she would not give you his/her property or items. Here are examples of instances that could qualify as robbery under this law:

• Jake threatens to punch Harriet if she refuses or tries to stop him from taking her backpack
• Ayub pickpockets an elderly man and threatens to stab him with a pocket knife if he screams

Generally speaking, the prosecutor will file robbery charges as a Class 4 felony, punishable by up to three (3) years of jail time when the prosecutor secures a guilty verdict against you.

Legal Definition of Aggravated Robbery Under ARS 13-1903

ARS 13-1903 aggravates the crime of robbery to aggravated robbery if one (1) or more accomplices were present at the time of the offense. Unlike a robbery charge, the prosecutor will file aggravated robbery as a Class 3 felony, meaning the penalties you should anticipate upon conviction are harsher than those you would face for a conviction under ARS 13-1902.

For instance, when an accomplice threatens to injure the targeted victim if he/she refuses to cooperate with you while you rob him/her of his/her items, the prosecutor will file your offense as aggravated robbery.

While it could seem like the world is falling apart, if you are charged or under arrest as a suspect in an aggravated robbery case, you have options. A seasoned attorney can assess your situation and the facts of your unique case, and inform you of your legal options.

Facts Needed to Secure a Conviction Against You Under ARS 13-1903

As mentioned above, aggravated robbery and robbery offense are two separate crimes in the eyes of the court. While being in legal custody as a suspect in an aggravated robbery case is a worrying experience, the prosecution team cannot secure a conviction against you without proving certain elements of the crime to the jury or judge. These facts include:

• You committed the crime of robbery
• An accomplice was present during the commission or furtherance of the offense

As mentioned above, you commit the offense of robbery when, in the course of stealing a property or an item from someone or his/her immediate presence, you use force or threats to complete the offense.

Conversely, an accomplice is a person who willingly and knowingly assists another person in committing a crime.

Remember that even if you or your accomplice did not use a dangerous weapon to communicate your threats during the robbery, the court could convict you of an aggravated robbery offense under ARS 13-1903. If you used a dangerous weapon to communicate your threats during the robbery, the prosecutor will file armed robbery charges against you instead of an aggravated robbery offense.

Applicable Defenses to Aggravated Robbery Charges Under ARS 13-1903

If you are in legal custody or under investigation as an offender in an aggravated robbery case, a reliable defense attorney can assert several defenses to challenge your charges. Five common and applicable defenses that could increase your odds of securing a desirable outcome if you have aggravated robbery charges include:

You Did Not Receive Assistance From an Accomplice

An accomplice has a distinct legal definition under ARS 13-1903. If your attorney can satisfactorily prove beyond a reasonable doubt that you did not receive assistance from an accomplice to commit the robbery, you would not be guilty under ARS 13-1903.

However, the prosecutor can secure a conviction against you for the underlying robbery offense under ARS 13-1902.

The Property in Question is Legally Yours

You are only guilty of aggravated robbery when you take another person's property or belongings without his/her consent. Therefore, it is a viable defense to argue that there was no robbery because you were trying to secure or keep a property that you legally own.

You are a Victim of Mistaken Identity

Unfortunately, issues of mistaken identity are not uncommon in robbery cases. When an eyewitness mistakenly identifies you as one of the suspects in the robbery case, you could face criminal charges for a crime you did not commit. That could occur if:

• The eyewitness is a racist
• You have the same height, hairstyle, and skin tone as the actual offenders
• The robbery occurred in an unlit environment or house, making it challenging for the eyewitness to see the offenders clearly

If this defense argument works to your advantage, the judge or jury could dismiss your charges and let you go free or reduce the charge to a lighter offense.

You Had No Criminal intent to Deprive the Accuser (Victim) Off His/Her Belongings

You would not be guilty of aggravated robbery if you did not have the criminal intent to deprive the accuser of his/her property. A reliable and seasoned attorney could convince the court that the incident was accidental to secure a desirable outcome.

Since every aggravated robbery case is unique, the specific defense argument that your defense attorney will use to challenge the allegation you are up against will depend on the facts and circumstances of your unique case.

There are chances that the court could dismiss or reduce your ARS 13-1903 charges if your attorney's defense arguments cast a shadow of doubt on the prosecutor's case against you.

Penalties to Expect Upon a Conviction for Aggravated Robbery Offense

Unfortunately, when the prosecutor secures an aggravated robbery charge conviction against you, you cannot evade penalties for the offense. However, a reliable defense attorney could prepare convincing mitigating arguments to convince the court to award you a lighter sentence.

Below are the potential penalties you should anticipate for a first-time, second-time, and third-time aggravated robbery charge conviction, respectively:

• First-time ARS 13-1903 charge conviction — A jail time of up to nine (9) years and a fine amounting to up to $150,000
• Second-time ARS 13-1903 charge conviction — A fine of up to $150, 000 and a jail time not exceeding seven (7) years and five (5) months
• Third-time ARS 13-1903 charge conviction — A jail sentence of not more than fifteen (15) years and a fine not exceeding $150,000

You will be ineligible for probation if it is your second or third time conviction for aggravated robbery charges. Probation is an alternative sentence you could qualify for if you are guilty of a criminal charge to avoid several detrimental consequences of serving your sentence behind bars.

If it is your first-time ARS 13-1903 violation conviction, your attorney could help convince the court you are an excellent candidate for this alternative sentencing. However, you should be ready to comply with the court's set conditions if you are eligible for probation. For instance, the court could require you to do the following:

• Avoid hanging out with certain people
• Surrender your weapons
• Enroll in a drug treatment and counseling program
• Participate in or perform community service
• Stay crime free
• Consent to regular drug tests
• Consent to regular check-ins with a court-appointed probation officer

Common Crimes Related to Aggravated Robbery Offense

An aggravated robbery offense is related to several other offenses that the prosecutor could file against you when there is insufficient evidence to build a viable case against you under ARS 13-1903. Some of these crimes include:

1. Theft

You commit the crime of theft when you knowingly take or use another person's belongings without the owner's consent. Unlike the robbery offense, you do not have to use violence, force, or threats to commit a theft offense. Further, you do not need the assistance of another person (accomplice) to commit a theft offense. Examples of instances or scenarios that could attract theft charges under ARS 13-1802 include:

• Snatching your neighbor's bicycle and giving it away to your friend's child as a birthday gift.
• Taking a vehicle side mirror from an auto shop without the owner's consent.
• Receiving stolen goods from a friend and accepting to hide or keep them in your house.

The penalties you will face upon a conviction under ARS 13-1802 could be serious, depending on the monetary value of the goods or property in question. Here are some potential penalties to expect upon a conviction under this statute:

• For theft of services or property worth $25,000 or more, the prosecutor will file the charge as a class 2 felony, carrying up to twelve (12) years of jail time.
• For theft of services or property worth anywhere between $4,000 and $25,000, the prosecutor will file your charges as a Class 3 felony, carrying up to eight (8) years of jail time.
• For theft of services or property worth between $3,000 and $4,000, the prosecutor will file the offense as a Class 4 felony, punishable by up to four (4) years of jail time upon conviction.
• For theft of services or property worth anywhere between $2,000 and $3,000, the prosecutor will file the offense as a Class 5 felony punishable by up to two and a half years in jail.

2. Second-Degree Burglary

According to ARS 13-1507, you commit second-degree burglary when you do the following:

• Illegally enter or remain on another person's structure
• Do so with the criminal intent to commit theft or any felony offense while inside

Below are examples of acts or situations that could attract second-degree burglary charges under ARS 13-1507:

• Climbing into a caravan with the criminal intent of raping a lady sleeping inside
• Entering into another person's house with the criminal intent of stalking the house owner
• Entering into an apartment with the criminal intent of stealing the renter's laptop

Second-degree burglary is a serious offense in the eyes of the court because the prosecutor will file it as a Class 3 felony. Upon a conviction under ARS 13-1507, your sentence could include:

• Up to $150,000 maximum fine
• Up to eight (8) and nine (0) months of incarceration in the state prison

3. Aggravated Assault

You commit the crime of aggravated assault under ARS 13-1204 when you commit an assault on someone else, and any of the following is true:

• You used significant physical force that caused the victim to sustain a severe injury
• The victim was a minor aged fifteen (15) years and below
• The assault led to severe physical injury
• You used a deadly instrument or weapon
• You committed the offense after illegally entering another person's house

In most cases, the prosecutor will file ARS 13-1204 charges as a Class 2 felony carrying a jail term of up to five years upon conviction.

Find a Criminal Defense Attorney Near Me

An aggravated robbery charge is undoubtedly a serious offense with life-changing consequences, but you have options. Our attorneys at Phoenix Criminal Attorney can help if you are under arrest or charged with aggravated robbery.

We believe that the evidence is the most critical part of the case and will do everything possible to help you secure the best possible results, including a less harsh sentence, dismissal of the case, or a lighter charge. Call us at 602-551-8092 to discuss the facts and details of your case with our understanding defense attorneys.