Prosecutors take armed robbery seriously and may seek harsh sentencing. Under Arizona law, people commit armed robbery when they rob another by using, or threatening use, of a deadly weapon. If you were charged with armed robbery, you should discuss your situation with James E. Novak, a skillful Maricopa County property crimes lawyer. Mr. Novak is a former prosecutor who understands how the government investigates and develops these charges, and how to develop strong strategies to defend clients. The strongest defense may be procedural, technical, affirmative, constitutional, or another approach; your odds will be improved by hiring a trial attorney who has experience in defending these cases.Armed Robbery
Arizona has multiple robbery statutes. These include A.R.S. section 13-1902, A.R.S section 13-1903, A.R.S. section 13-1904. Armed robbery is explicitly criminalized under section 13-1904. You can be charged under this code section if you’re arrested for stealing someone’s purse by using a concealed pistol, for example. Similarly, you could be charged with armed robbery if you grabbed someone’s briefcase and another person was the one holding the gun and pointing it at that person.
A.R.S. section 13-1904 requires that a prosecutor seeking a conviction to prove the following beyond a reasonable doubt: (1) you committed robbery, (2) while committing the robbery, you or your accomplice were armed with a deadly weapon or simulated deadly weapon and (3) you used or threatened to use a deadly weapon or dangerous instrument or simulated deadly weapon. If convicted of this crime, you could face more than 12 years for a class 2 felony. In addition, you may face other charges, such as aggravated assault. Punishment for multiple convictions can be imposed consecutively.
A.R.S. section 13-1904 is the Arizona law that defines the crime of armed robbery. It is a class 2 felony for which you can face more than 12 years. A prosecutor who can establish the elements of armed robbery may seek harsh sentencing. An experienced criminal defense lawyer can make a big difference to the outcome of your case by evaluating your particular situation, developing a strategy, and establishing a defense.Defenses
You should not assume a conviction for armed robbery is assured. Our Tempe lawyer may be able to use various strategies to help you fight an armed robbery charge. For instance, we may be able to prove you didn’t possess a weapon or raise reasonable doubt about whether you did. In that case, we may be able to negotiate a plea; ordinary robbery is a class 2 misdemeanor. However, there are situations in which it may be appropriate to go to trial and challenge the government’s case before a jury. This could involve raising reasonable doubt about whether you were the armed robber. It could also involve showing you were not actually armed.
We may be able to prove you were the victim of an illegal search or seizure by the police. The Fourth Amendment prohibits government overreach in searching a person; in most cases, to conduct a search and seizure, officers must have probable cause. In that situation, we may be able to get the court to suppress the evidence that was illegally obtained. Since armed robbery needs to be proven beyond a reasonable doubt, getting key evidence such as a weapon suppressed can gut the prosecution’s case.
Another strategy would be proving you were the victim of mistaken identity. This could be critical, for example, if you are a member of a marginalized community such as the Black community, in which studies show that misidentification by witnesses who are of a different race than the defendant is tragically common.Hire a Seasoned Armed Robbery Defense Lawyer
You must take a charge of armed robbery in Tempe seriously and consult an attorney once you realize you are being investigated or charged. While the prosecution does need to establish its case beyond a reasonable doubt, in most cases, the government has far more resources at its disposal to investigate than a defendant. When you hire a criminal defense lawyer, you have the best possible chance of securing a dismissal, negotiating a plea for a lighter sentence, or winning at trial. James E. Novak may be able to represent you. He represents those accused in Phoenix, as well as Gilbert, Chandler, Mesa, and Maricopa County. Contact him at (480) 413-1499 or complete our online form.