TEMPE ATTORNEY ROBBERY AND ARMED ROBBERY DEFENSE TACTICS
How High Rated Tempe Criminal Defense Attorneys Fight Your Tempe AZ Robbery and
Armed Robbery Charges
Tempe Robbery or Armed Robbery Charges
Tempe robbery and armed robbery offenses are prosecuted very aggressively. If you were charged or arrested in Tempe, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Tempe Court criminal justice system frequently to defend your charges.
The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.
Robbery on the other hand is when the accused uses force, intimidation, or fear as a means of taking property from someone.
Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. It is important to understand, however, that many objects can constitute a weapon and fall within the category of “armed robbery”. For example a broken glass bottle, a baseball bat, knife, or other objects which are made or intended for other purposes.
Tempe Robbery or Armed Robbery Penalties in Arizona
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing by the Tempe courts.
If the crime is designated a “dangerous crime” as is the case if a dangerous weapon is involved or used, the judge will order mandatory prison terms if convicted. If e weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.
Arizona Laws -Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:
A.R.S. §13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. “Force” means any physical act directed against a person as a means of gaining control of property. 2. “In the course of committing” includes any of the defendant’s acts beginning with the initiation and extending through the flight from a robbery. 3. “Property of another” means property of another as defined in section 13-1801. 4. “Threat” means a verbal or physical menace of imminent physical injury to a person.
A.R.S. §13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.
A.R.S. §13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.
A.R.S. §13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.
Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney AZ
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.
Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Tempe robbery charges or arrest. Below are just a few examples of defenses a good Tempe criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):
• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Tempe prosecution’s case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.
In sum, robbery or armed robbery charges in Tempe are dangerous to go at alone and try to defend yourself. In theory, the law is that you are innocent until proven guilty. But in practicality, without a good Tempe criminal defense attorney, the criminal justice system will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or provide you will any empathy or favor. Conviction is imminent.
The job of the Tempe prosecution on behalf of the state of Arizona is to convict you, not help you. With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.
Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Tempe, Chandler, Scottsdale, Mesa, Gilbert and Phoenix Arizona.
If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.