Phoenix Robbery Attorney
A charge for robbery is very serious, and a conviction can result in felony penalties, a criminal record, and substantial consequences for the rest of your life. These include social and professional reputational harm as well as financial and personal difficulties. Robbery involves using a threat and/or force to carry out a theft, so it is therefore considered a violent crime. These offenses are very serious, and it is important that you find a Phoenix robbery lawyer to protect your rights.
Dworman Law: Defending the Rights of Individuals in Maricopa County
The earlier you find an experienced attorney, the sooner they can begin reviewing and investigating your case to find the most effective defense. The team with Dworman Law has years of experience in criminal defense law, supporting the rights of individuals throughout the Phoenix metro area. We are aware of the severe consequences that a criminal conviction can have on individuals and their families. Our firm can work to mitigate or eliminate the legal consequences of an offense.
Navigating the criminal justice system alone is stressful and overwhelming. It will likely result in you facing the maximum penalties possible for the crime you are accused of committing. The prosecution aggressively pursues violent criminal offenses. Fortunately, you have a right to legal representation, and you need to exercise that right.
Howard Dworman has spent years in criminal defense law, and he has supported countless individuals in trials and hearings. He uses appropriately aggressive techniques to fight for his client’s rights. His past experience in law enforcement provides him with unique information about how the prosecution and law enforcement operate.
What Is a Robbery Offense?
Robbery is the offense of taking someone else’s property from them or from their presence against their will. To be a robber, the offender must use force or threaten force against the victim to influence them to give up the property or prevent them from resisting its seizure.
In a robbery, force is considered a physical act the offender engages in against the victim to secure their property. A threat is defined as either a verbal or physical menace that suggests imminent injury.
A robbery is different from other forms of theft because the victim is present, aware of the theft, and is being threatened or harmed. All robbery charges are felonies.
What Is Aggravated Robbery?
A robbery becomes an aggravated robbery when the offender has at least one accomplice present who is helping with the commission of the crime. Aggravated robbery has more severe penalties than a robbery charge.
What Is Armed Robbery?
Armed robbery is the most serious type of robbery charge. It occurs when, in the commission of a robbery, the offender or an accomplice does any of the following:
- They have a deadly weapon or a simulated one on their person.
- They have a deadly or simulated deadly weapon or a dangerous instrument, and they use it or threaten to do so.
- They attempt to or successfully gain control over a deadly weapon.
A deadly weapon is anything that is designed for lethal use, which includes firearms but is not limited to them. A simulated weapon may be any object held, used, or concealed in a way to make the victim of the offense think the robber has a deadly weapon. A dangerous instrument is defined as an item that the offender either uses, tries to use, or threatens to use in a way that is capable of causing death or injury in the circumstances of the offense.
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Robbery Penalties in the Phoenix Metro Area
All robbery charges are felonies, which means the consequences are much harsher, with higher imprisonment sentences and more significant fines. All felonies can result in a fixed fine assigned by the court. This fine cannot be higher than $150,000.
The type of felony that a robbery will be charged with depends on the specific type of robbery that took place. The potential classifications for robbery offenses are as follows:
- Robbery is a Class 4 felony.
- Aggravated robbery is a Class 3 felony.
- Armed robbery is a Class 2 felony.
These felonies can result in the following types of penalties:
- A mitigated sentence
- A minimum sentence
- A presumptive sentence
- The maximum sentence
- An aggravated sentence
These penalties also worsen if there are repeat felony offenses. If a Class 4 robbery is someone’s second felony offense, then they could serve a longer minimum or maximum sentence of imprisonment. If it is their third felony offense, the potential terms of incarceration will further increase.
These criminal penalties are not the only consequences. There are also collateral consequences from having a criminal record, which can affect you years after your sentence has been completed. The support of a knowledgeable attorney is crucial to understand these consequences and potentially avoid them.
Potential Defenses Against Robbery Charges in Phoenix
The ideal defense for your charges will depend on the unique circumstances of the offense and your arrest, as well as the evidence against you. Some potential defenses could include:
- There is uncertainty as to whether you or the victim owned the property.
- There is doubt about the credibility of the victim or other witnesses.
- You were not at the scene of the offense when it occurred.
- There is insufficient evidence to convict you.
A strong defense also challenges the evidence and protects your rights. If you were illegally detained or were not read your rights, then your attorney can take steps to protect those rights and use their violation to defend against the charges.
The prosecution has the responsibility to prove you guilty beyond a reasonable doubt. If they cannot do that, you cannot be found guilty. While insufficient evidence is a defense, it is crucial that your attorney is proactive in determining the weaknesses in the prosecution’s evidence.
If any evidence in your case was secured through an illegal search and seizure, or it did not properly follow the chain of custody, then that evidence is considered inadmissible. Your attorney can then file a motion to have it dismissed. If enough supporting evidence is dismissed, then the prosecution may drop the case against you.
It is crucial that you find an attorney who can tirelessly work to find all the potential legal angles to defend you against these charges. They should also be willing to discuss the ideal defense for your unique circumstances with you.
FAQs
The charge for robbery in Arizona is a Class 4 felony. A Class 4 felony has a presumptive sentence, but you could also face either the minimum sentence or the maximum sentence, depending on the specifics of your circumstances. If there are aggravating factors, a Class 4 felony could lead to a longer sentence. A felony conviction can also result in a significant fine. If you have been charged with robbery, it is crucial to secure legal representation.
The main difference between robbery and burglary is that robbery directly involves the victim of the crime and the use of force or a threat, while burglary does not involve the victim of the crime. Burglary also does not require theft.
Burglary is the offense of entering a location with the intent to commit a theft or a felony. This felony does not have to be theft. Robbery does require the offender to take someone’s property, and it does not require the offender to enter the victim’s property. Both burglary and robbery, without aggravating factors, are Class 4 felonies.
The statute for armed robbery in Arizona is Title 13-1904. This states that robbery becomes armed robbery if the offender or an accomplice of theirs:
- Is armed with either an actual or simulated deadly weapon.
- Has an actual or simulated deadly weapon or a dangerous instrument, and they use it or threaten to use it.
- Takes control of or tries to take control of a deadly weapon during the offense.
Any of these offenses elevates the crime to an armed robbery, and it is then charged much more seriously.
Robbery is a separate chapter in the criminal code from theft in Arizona. However, it can be seen as an aggravated form of theft, as both offenses involve the taking of another person’s property illegally. However, theft offenses can occur in many ways, including obtaining services through misrepresentation, controlling mislaid property, and appropriating that property. Robbery offenses are the taking of property directly from the victim of the crime while using force or the threat of force to do so.
Find a Dedicated Maricopa County Robbery Defense Lawyer
The consequences of a felony can affect your employment, housing, and educational opportunities, on top of impacting your freedom for potentially years. Skilled legal support is necessary to avoid these penalties or secure a less severe conviction. Contact Dworman Law today to learn how we can defend you against robbery charges.
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