Differences Between Burglary and Robbery

CRIMINAL DEFENSE FOR ROBBERY CHARGES ARIZONA How Top Rated Criminal Attorneys Defend Robbery and Armed Robbery Charges in Arizona Arizona Robbery or Armed Robbery Charges Arizona robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Arizona for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Arizona Court as soon as possible 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.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain 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. 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 may or may not have been made for its intended use as a weapon.

Robbery or Armed Robbery Penalties Arizona Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing in the Arizona courts. If you are convicted of a “dangerous crime” (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If 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:

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.

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.

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.

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 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 Arizona robbery charges or arrest. Below are just a few examples of defenses a good Arizona 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 Arizona 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 Arizona are risky to go at alone as far as trying to defend your self without qualified criminal legal representation through the criminal justice system. In theory, the laws state that you are “innocent until proven guilty”. But in practicality, without a good Arizona criminal defense attorney, the police and prosecution will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or bother to listen to your story without the formal defense of an Arizona Criminal Defense Attorney. The prosecutions job is to convict you. The judge will not provide empathy or favor. The judge will rarely if ever show you favor or empathy to dismiss your case. They must comply with the procedures and protocol required by standards in the Arizona Courts. They can only ruling on legal motions, presentation of legal arguments through recognized channels, or follow the jury verdict if trial ensues.

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 Chandler, Scottsdale, Mesa, Tempe, 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.