Like many “general” offenses in the eyes of the law, robbery is an overarching classification that can be broken down into subcategories in order to more accurately define the offense which took place. At its most basic definition, “robbery” is the act of taking property from a person against their will. Whether this is done by force or coercion, in the end, it is considered robbery in the eyes of the Arizona law.

But exactly what qualifies as robbery, into what categories can it be broken down, and what are the consequences? This article will walk you through each of these items, step-by-step, so you have a clearer understanding of exactly what Armed Robbery is in the state of Arizona, and how these laws may or may not apply to your situation.

Arizona Robbery Laws: Theft Crime, Robbery, and Aggravated Robbery

The state of Arizona breaks down robbery into three subcategories: robbery, aggravated robbery, and armed robbery. (We won’t be talking about armed robbery just yet in this section.)

But what comes before “robbery”? As mentioned, in order for a robbery to take place, property must be taken by force and without consent. So does this include a pickpocket who steals someone’s wallet when they’re not looking? Technically, no, that would be considered a “theft crime” and not robbery as no force was used.

In fact, in order for something to be considered a robbery in the state of Arizona, it must meet the following three criteria: force, threat, and the course of committing. “Force” meaning a physical act against an individual, “threat” meaning that the aggressor poses an immediate threat as defined by their physical proximity to property that is not theirs, and finally, “Course of Committing,” which – essentially – describes a person’s actions and intentions from the start of the “robbery” until the end. To break this down even further, a robbery has taken place if: items were stolen by force, the thief posed an immediate threat, and their intentions were to rob the victim and/or commit an act of robbery as defined by the law.

Robbery by itself is considered a Class 4 felony and carries a maximum sentence of nearly 4 years in prison – and that’s only if you don’t have any prior convictions. If you do have prior convictions, you’re looking at a maximum sentence of 7.5 years.

From there, a defendant may be charged with aggravated robbery if the crime meets all of the criteria of a robbery with the addition factor that an accomplice (at least one other person who was working with the defendant in order to rob the victim) was present at the time of the robbery. Aggravated robbery is considered a Class 3 felony and carries a maximum sentence of nearly 9 years for first-time offenders and just over 16 years for second-time offenders.

This leads us to the third and final categorization of robbery in the state of Arizona: armed robbery.

Armed Robbery in Arizona

For starters, how is “armed robbery” defined? According to Arizona state law, an individual commits armed robbery if he or she qualifies for all of the factors of a robbery and is also armed with a deadly weapon, a dangerous instrument, OR a replica of either. In this context, “deadly weapon” refers to something with a lethal purpose (e.g. firearm), while “dangerous instrument” refers to anything that can be used – given the context of the situation – to cause the death or physical injury of another person. This includes anything that’s made to look like a deadly weapon but is not (e.g. water gun, BB gun, etc.).

It’s important to note that the deadly weapon or dangerous instrument does not necessarily need to be in the defendant’s hands at the time of the robbery in order for them to be charged with armed robbery. These items merely have to have been within the defendant’s general vicinity (within reaching distance) in order to be considered a threat and, therefore, result in armed robbery charge.

In the state of Arizona, armed robbery is considered a “dangerous crime” and, therefore, carries significantly more weight than robbery alone. This crime is referred to as a Class 2 (Dangerous) Felony with a maximum sentence of 21-28 years; approximately double that of robbery, which is not categorized as a dangerous crime. In Arizona, conviction of a dangerous crime means a mandatory prison sentence.

Armed Robbery: Offenders 18 Years Old and Younger

We’ve talked about what happens to adult criminals convicted of armed robbery, but what happens to youths under the age of 18? Typically, children under the age of eighteen cannot be charged with a felony. However, there are exceptions to that rule. Any violent felony offense can result in the youth defendant being charged as an adult. This includes armed robbery.

Other exceptions for charging youths as adults also exist with some stipulations. For example, the juvenile in question must be at least fourteen years of age, the juvenile has multiple felony offenses on their record, etc.

So what’s the difference between being charged as an adult and being charged as a juvenile? Well, to start, a juvenile’s records are sealed and cannot/will not be released to the public, unlike adult records, which are typically considered public information. Specifically in Arizona, the juvenile process was created with the need for rehabilitation in mind. For this reason, sentences for juveniles are often less severe.

An example of this came at the start of this year when a pair of 15-year-olds were arrested in Arizona after their suspected involvement in a recent armed robbery. Despite being under the age of 18, both young men face charges that include attempted second degree murder, armed robbery, the discharging of a firearm, and more.

Like this case, and depending on the context of the case in question, multiple charges – including multiple dangerous or violent crimes (like attempted second degree murder and armed robbery) –can be stacked on top of one another, leading to significantly severer sentences.

What Should You Do If You’ve Been Charged with Armed Robbery?

Always, always, always consult with a lawyer. As professionals who have worked in the Arizona criminal law space for some time now, we cannot emphasize enough how important it is that you talk to a lawyer. You need someone who knows the law backwards and forwards, and who can help you identify what your next steps should be.

An experienced lawyer will be able to help you build a case or take you through other options step-by-step should those arise (such as a plea bargain).

Make sure you’re talking to a lawyer who is specialized in law befitting your age bracket (adult or juvenile). The laws differ between adults and juveniles, and you’re going to want someone who is practiced in the particular area of law that best applies to you and your situation.

Do not hesitate – talk to a lawyer.