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MESA PHOENIX ROBBERY DEFENSE ATTORNEY

A.R.S. § 13-1902 defines robbery as a person taking property of another person from his or her body or immediate presence against his or her will by threatening or using force against him or her with the intent either to coerce surrender of the property or to prevent resistance to taking or retaining the property.  Robbery is a Class 4 felony punishable by 1 to 3.75 years in prison for a first time felony offense.

 

Aggravated robbery occurs under A.R.S. § 13-1903 when a person is aided in committing robbery by one or more accomplices who are present.  It is a Class 3 felony punishable by 2 to 8.75 years in prison for a first time felony offense.

“I attack the reliability of eyewitness testimony because it’s often unreliable.”

  Lisa Witt

Armed robbery occurs under A.R.S. § 13-1904 when a person or an accomplice commits robbery while armed with, using or threatening to use a deadly weapon, dangerous instrument or simulated deadly weapon.  It is a Class 2 felony punishable by 3 to 12.5 years in prison for a first time felony offense.

DEFENSES FOR ARMED ROBBERY CHARGES IN ARIZONA

 

A conviction of robbery, aggravated robbery or armed robbery can carry serious prison time even for a first offense.  Lisa will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:

 

  • Facts and circumstances do not describe robbery, aggravated robbery or armed robbery:  The facts and circumstances described in the indictment and police report may not fit the statutory definition of robbery, aggravated robbery or armed robbery.

 

  • Eyewitnesses:  You may have eyewitnesses who can testify about what happened.

 

  • Good character:  You may have witnesses who can testify that you have a good character.

 

  • Property belonged to you:  The property did not belong to the victim.

 

  • No intent to coerce surrender of property or prevent resistance:  You did not have the intent required to commit robbery, aggravated robbery or armed robbery.

 

  • Alibi:  You may have been working, out of state or with other people during the times alleged in the indictment.

“It’s not a 5 year sentence for armed robbery if the charges are dismissed.”  Lisa Witt

  • Mistaken identity:  Someone else committed the robbery, aggravated robbery or armed robbery and you were mistakenly identified as the suspect.

 

  • Bad character of victim:  The victim may have a mental illness, drug problem, alcohol problem, or other problems which leads him or her to make false accusations against you.

  • Bad acts of victim:  The victim may have falsely accused someone else of robbery, aggravated robbery or armed robbery, may have violently acted out against others, or may have a reputation for lying.

 

  • Impossibility of victim’s story:  The victim’s story may be impossible based on the timeline or other evidence.

 

  • Sentencing enhancements do not apply:  Sentencing enhancements such as dangerous nature of the offense, repetitive nature of the offense and/or crime committed while on probation or release do not necessarily apply just because the State claims that they do.   

 

  • Missing or tainted evidence:  Sometimes the State’s evidence is missing or tainted. 

 

  • Preclusion of State’s evidence:  The State may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession so the evidence must be precluded.

 

  • Insufficiency of State’s evidence:  The State may have insufficient evidence to prove robbery, aggravated robbery or armed robbery beyond a reasonable doubt.

 

  • Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be part of the same robbery, aggravated robbery, or armed robbery charge. 

 

  • Police misconduct:  There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.

 

  • Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.

 

  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.

 

If you or a loved one is facing a charge of robbery, aggravated robbery, or armed robbery, it’s very important to hire an analytical and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona armed robbery defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

Phoenix Criminal Defense Lawyer