Phoenix Robbery Defense Lawyers

Were you arrested for an alleged robbery offense? Contact us at (602) 428-7104

Robbery is a very serious offense that could take years of freedom from you if you are not properly represented. This offense involves taking property from another person and in doing so, using force or the threat of force in order to take the property. Robbery must be committed in the presence of the victim and must be done against their will. This is different than burglary or shoplifting that does not require the victim to be present and also does not require force or a threat of force to commit the crime.

If you have been arrested or charged with Robbery in Arizona, call the Phoenix robbery lawyers at MayesTelles PLLC directly at (602) 428-7104.

What is Robbery?

Robbery is the unlawful taking of property from another person's immediate possession through the use of force or fear. This means that in a robbery, the perpetrator directly confronts the victim, either physically or through threats to take their belongings.

For example, if someone holds up a convenience store at gunpoint and demands money from the cashier, it would be considered robbery because force or fear is used to take property from the immediate possession of another person.

Burglary, on the other hand, involves unlawfully entering or remaining in a building or structure with the intent to commit a theft or felony therein. Unlike robbery, burglary doesn't necessarily involve direct confrontation with the victim at the time of the theft.

For instance, if someone breaks into a home while the occupants are away and steals valuables, it would be classified as burglary. Therefore, robbery and burglary should not be used interchangeably.

Types of Robbery Offenses

There are generally three classifications for robbery (ARS 13-1902):

• Robbery is the taking of property from another by using force or threats to coerce them to give up their property. This offense is a class four felony and is punishable by up to 3.75 years in prison for a first offense.
• Aggravated Robbery is a robbery that involves multiple suspects committing the robbery. This offense is a class 3 felony and is punishable by up to 8.75 years in prison for a first offense.
• Armed Robbery is the most serious of the three types of robbery. This offense involves committing a robbery while using a deadly weapon or simulated deadly weapon or even threatening to use a deadly weapon or simulated deadly weapon. Armed Robbery is a class 2 felony and it is likely that the prosecution will make an allegation of "dangerous" for this offense which will require a mandatory prison sentence of 7 to 21 years.

How to Defend Against a Robbery Allegation

While these types of cases are serious, there are ways of fighting against them. You need an experienced attorney to evaluate your case to determine if there are Constitutional violations or other errors made by the police. Some challenges to an armed robbery charge include:

• Lack of Intent: The defendant may argue that they did not have the intent to commit robbery. Perhaps they were mistakenly identified or were present at the scene but had no intention of stealing or using force.
• Alibi: The defendant can provide evidence, such as witness testimony or documentation, to prove that they were elsewhere at the time the robbery occurred and therefore could not have committed the crime.
• Mistaken Identity: The defense might assert that the witness or victim misidentified the defendant as the perpetrator. This defense can be supported by alibi evidence, inconsistencies in witness testimony, or lack of physical evidence tying the defendant to the crime.
• Duress or Coercion: The defendant may claim that they were forced or coerced into committing the robbery by another person, and that they acted out of fear for their safety or the safety of their loved ones.
• Consent: In cases where the alleged victim willingly gave the property to the defendant, the defense may argue that there was no robbery because the taking was consensual.
• Lack of Force or Fear: If the prosecution cannot prove beyond a reasonable doubt that the defendant used force or fear to take the property, the charges may be challenged on this basis.
• Claim of Right: The defendant may assert that they genuinely believed they had a legal right to the property they took, which would negate the element of intent required for robbery.
• Intoxication: In some cases, the defense may argue that the defendant was intoxicated at the time of the offense, which impaired their ability to form the specific intent required for robbery.
• Entrapment: If law enforcement officers induced the defendant to commit the robbery when they would not have otherwise done so, the defense of entrapment may apply.
• Insufficient Evidence: Finally, the defense can challenge the prosecution's case by arguing that there is insufficient evidence to prove the defendant's guilt beyond a reasonable doubt.

Often a charge of armed robbery will be accompanied by other related charges such as aggravated assault. If you or a loved one is charged with any robbery charge you may be subject to serious consequences and you will need the representation of an experienced attorney to ensure that your best interests and constitutional rights are protected and asserted. The attorneys at MayesTelles PLLC are trial proven in defense against all criminal charges and work diligently to protect your rights.

For more information call (602) 428-7104 to speak with one of the robbery attorneys at MayesTelles PLLC.