Phoenix Aggravated Robbery Attorney

Trusted Aggravated Robbery Lawyer in Phoenix, AZ

In Phoenix, a defendant can be charged with aggravated robbery if one or more accomplices who are physically present help the defendant commit the criminal act. Under accomplice liability, the prosecution can charge everyone who participated or aided in the robbery with aggravated robbery, even if the victim was threatened or injured by only one of the participants. Under Arizona law, aggravated robbery is a class 3 felony and carries a greater potential sentence than simple.

Because aggravated robbery in Phoenix, Glendale, Scottsdale, Mesa and Tempe is based on the presence of other individuals, the “mere presence” defense often applies. Mere presence is a recognized defense under Arizona law: it is not a crime to be physically present while a crime is being committed.

By simply acting as a look-out, yelling at the victim or encouraging the person actually committing the robbery, an individual may not be able to claim mere presence as a defense to a Phoenix aggravated robbery case.

What Is Aggravated Robbery Under A.R.S. § 13-1903?

To convict you of aggravated robbery, the State must prove two things beyond a reasonable doubt:

1. A robbery took place. Under A.R.S. § 13-1902, robbery means taking property from another person, or from their immediate presence, against their will, while threatening or using force to make them hand it over or to stop them from resisting.
2. An accomplice was actually present. At least one other person who knowingly helped commit the robbery was physically there when it happened. Someone who only helped plan it from elsewhere does not meet this element.

No weapon is required. If a deadly weapon or dangerous instrument (real or simulated) is involved, prosecutors usually file armed robbery under A.R.S. § 13-1904 instead, which is a more serious class 2 felony.

Robbery vs. Aggravated Robbery vs. Armed Robbery in Arizona

Arizona grades robbery offenses by what makes them more dangerous. The table below shows how the three charges compare for a person with no prior felony convictions.

Aggravated Robbery Penalties and Sentencing in Arizona

Arizona sentencing for a class 3 felony depends mainly on your prior felony record and whether the offense is charged as “dangerous.” Ranges under A.R.S. §§ 13-702 and 13-703 are:

A first-time, non-dangerous offender can be placed on probation, which may include up to one year in county jail. If a weapon or serious injury leads prosecutors to allege a dangerous offense, the range for a first offense rises to 5 to 15 years and probation is off the table. A conviction can also bring fines, restitution to the victim and a permanent felony record.

If you are sentenced to prison for aggravated robbery in Phoenix, the presumptive prison term is 3.5 years in the Arizona Department of Corrections, Rehabilitation and Reentry. Joshua S. Davidson is a former prosecutor who will use his experience to help you fight your aggravated robbery charges. He will conduct a complete defense investigation by interviewing witnesses, reviewing physical evidence, and scrutinizing any recorded witness statements. Sometimes potential defenses such as mere presence or unreliable identification are developed. Joshua S. Davidson will leave no stone unturned when fighting your case.

Common Defenses to Aggravated Robbery Charges

Every case is different, but these defenses often come up in Phoenix aggravated robbery cases:

• Mere presence: you were there but did not help, encourage or plan the robbery.
• No accomplice was present: if the State cannot prove a second participant was physically at the scene, the charge cannot stand as aggravated robbery (it may be reduced to simple robbery).
• No force or threat: taking property without force or a threat is theft, not robbery, which carries far lower penalties
• Mistaken identity: robberies often happen quickly, at night or with masks. Suggestive photo lineups can be challenged in a pretrial Dessureault hearing.
• Unreliable co-defendant testimony: co-defendants are frequently offered plea deals to testify. Their motives can be exposed on cross-examination.
• Constitutional violations: statements taken without Miranda warnings, or evidence from an unlawful search, may be suppressed.

What Happens After an Aggravated Robbery Arrest in Phoenix?

Felony robbery cases in Phoenix are prosecuted by the Maricopa County Attorney’s Office in Maricopa County Superior Court. A typical case moves through these stages:

1. Initial appearance: usually within 24 hours of arrest. A judge sets release conditions or bond.
2. Charging: the State files charges through a grand jury indictment or a preliminary hearing.
3. Arraignment: you enter a plea of not guilty and the court sets pretrial dates.
4. Disclosure and investigation: your attorney reviews police reports, video, 911 calls and witness statements, and runs an independent investigation.
5. Motions and negotiations: your attorney may move to suppress evidence or challenge identification, and negotiate for dismissal or a reduced charge.
6. Trial: if no fair offer is made, the case goes before a jury.

Do not speak to police or co-defendants about the case before talking with a lawyer. Anything you say can be used to prove you were more than merely present.

Long-Term Consequences of an Aggravated Robbery Conviction

Beyond prison or probation, a class 3 felony conviction can follow you for years:

• Loss of the right to own or possess firearms
• Suspension of civil rights, including voting and jury service, until restored.
• Barriers to employment, housing, professional licenses and student aid.
• Possible immigration consequences for non-citizens.
• A longer wait to seal the record. Under A.R.S. § 13-911, a class 3 felony can only be sealed 10 years after the sentence is completed, and dangerous offenses cannot be sealed at all record sealing / expungement
• Any later felony will be sentenced as a repeat offense, with much higher ranges.

Why Choose Joshua S. Davidson for Your Aggravated Robbery Defense

As a former prosecutor, Joshua S. Davidson knows how the State builds aggravated robbery cases and where those cases tend to break down, from weak identifications to co-defendants with something to gain. He is available 24/7 and represents clients in Phoenix, Glendale, Scottsdale, Mesa, Tempe and across Maricopa County. Review the firm’s case results and client reviews to see how he has fought for others facing serious felony charges.

Phoenix Aggravated Robbery FAQs

What Is the Difference Between Robbery and Aggravated Robbery in Arizona?

The difference is the presence of an accomplice. Robbery (A.R.S. § 13-1902) is taking property from a person by force or threat of force and is a class 4 felony. It becomes aggravated robbery (A.R.S. § 13-1903), a class 3 felony, when at least one accomplice is physically present during the robbery. If a deadly weapon is involved, the charge is usually armed robbery, a class 2 felony.

Can I Be Charged With Aggravated Robbery If I Did Not Take Anything or Threaten Anyone?

Yes. Under Arizona’s accomplice liability rules, everyone who knowingly helps commit a robbery can be charged with aggravated robbery, even if only one person used force. Acting as a lookout, driving the getaway car or encouraging the robber can be enough. Simply being present without helping, known as “mere presence,” is not a crime and is a recognized defense.

How Much Prison Time Can You Get for Aggravated Robbery in Arizona?

A first-time aggravated robbery conviction carries 2 to 8.75 years in prison, with a presumptive term of 3.5 years, and probation is possible. With one prior felony the range is 3.25 to 16.25 years, and with two or more priors it is 7.5 to 25 years. If the offense is charged as dangerous, a first offense carries 5 to 15 years with no probation.

Can an Aggravated Robbery Charge Be Reduced or Dismissed?

Yes, depending on the evidence. A charge may be dismissed if the State cannot prove identity or that you were more than merely present. It may be reduced to simple robbery if no accomplice was present, or to theft if no force or threat was used. An experienced Phoenix aggravated robbery attorney can also negotiate a plea to a lesser offense or a probation-eligible outcome.

Can an Aggravated Robbery Conviction Be Sealed in Arizona?

Often, yes, but only after a long wait. Under A.R.S. § 13-911, a class 3 felony such as aggravated robbery can be sealed 10 years after you complete your sentence, as long as it was not a dangerous offense. Sealing limits who can see the record, which can help with jobs and housing.

Because aggravated robbery in Phoenix, Glendale, Scottsdale, Mesa and Tempe is based on the presence of other individuals during the robbery, the defense of “mere presence” is often asserted by Phoenix aggravated robbery attorneys like Joshua S. Davidson. Mere presence is a recognized defense under Arizona law which essentially states that it is not a crime to be physically present while a crime is being committed, so long as the individual does not participate in the offense.

By simply looking as a look-out, yelling at the victim or encouraging the person actually committing the robbery, an individual may not be available to claim mere presence as a defense to a Phoenix aggravated robbery case.

If you are sentenced to prison for aggravated robbery in Phoenix, the presumptive prison term is 3.5 in the Arizona State Department of Corrections. Phoenix Robbery Attorney Joshua S. Davidson is a former prosecutor who will use his experience to help you fight your aggravated robbery charges. He will conduct a complete defense investigation by interviewing witnesses, reviewing physical evidence, and scrutinizing any recorded witness statements.

Sometimes potential defenses such as mere presence or unreliable identification are developed through a defense investigation and Phoenix criminal defense attorney Joshua S. Davidson will leave no stone unturned when fighting your case.

Facing aggravated robbery charges in Phoenix?

Contact Phoenix Criminal Defense Lawyer Joshua S. Davidson Today! Call (602) 493-3600 any time, day or night, or fill out the form below for a free, confidential consultation about your aggravated robbery case.

Contact Phoenix Criminal Defense Lawyer Joshua S. Davidson Today!