Robbery and Armed Robbery Defense

Under A.R.S. § 13-1902, the State must prove each of these elements to convict you of robbery:

• You took, or were in the course of taking, property of another person.
• The taking was from the person or from their immediate presence.
• It was against their will.
• You threatened or used force against any person.
• You did so with the intent to make someone surrender the property, or to prevent resistance to your taking or keeping it.

The definitions in A.R.S. § 13-1901 shape these elements:

• Force means any physical act directed against a person as a means of gaining control of property.
• Threat means a verbal or physical menace of imminent physical injury to a person.
• In the course of committing includes everything from the start of the robbery through the flight from it.

That last definition matters. A theft that begins without any force can turn into a robbery charge if force or a threat is used to keep the property or to get away. If no force or threat was involved, the case may be a theft instead. Our theft and shoplifting page covers those charges.

Aggravated robbery under A.R.S. § 13-1903 is a robbery committed while aided by one or more accomplices who are actually present.

Armed robbery under A.R.S. § 13-1904 is a robbery in which you or an accomplice did any of the following:

• Was armed with a deadly weapon or a simulated deadly weapon.
• Used or threatened to use a deadly weapon, a dangerous instrument or a simulated deadly weapon.
• Took possession of, or tried to take possession of, a deadly weapon.

Under A.R.S. § 13-105, a deadly weapon is anything designed for lethal use, including a firearm. A dangerous instrument is anything that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. Neither § 13-105 nor the robbery statutes define a simulated deadly weapon.

The sentence depends on the class of felony and on whether the State charges a dangerous offense. Under § 13-105, a dangerous offense involves the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury. Under A.R.S. § 13-704(L), the dangerous ranges apply only if that allegation is charged and then admitted or found by the jury or judge.

For a first felony offense, the prison ranges are:

For a first non-dangerous felony, A.R.S. § 13-702(B) lets the court go below the minimum or above the maximum if it finds at least two mitigating or aggravating factors. Under subsection D, that means a class 4 robbery can range from 1 year to 3.75 years, and a class 2 armed robbery from 3 years to 12.5 years. Prior felony convictions raise these ranges under A.R.S. § 13-703 and § 13-704.

Mandatory prison for dangerous sentences. Under § 13-704(G), a person sentenced under the dangerous ranges is not eligible for suspension of sentence, probation, pardon or release until the sentence is served, except as specific statutes allow. Because armed robbery can involve a deadly weapon or dangerous instrument, the State may allege it as a dangerous offense.

Simulated weapons. The definition of a dangerous offense refers to a deadly weapon or dangerous instrument. It does not mention a simulated deadly weapon. When a case involves only a simulated weapon, we look carefully at whether a dangerous allegation can apply.

Probation. When the dangerous ranges do not apply, the court may be able to order probation under A.R.S. § 13-901, which can include up to one year in county jail as a condition.

Identification. Robberies are often quick, stressful encounters, sometimes between strangers. When identity is disputed, we examine how any identification was made and compare it with video, phone records and other evidence.

Whether there was force or a threat. Robbery requires force or a threat against a person, as the statute defines those terms. We look at whether that actually happened, and when, because a taking without force or a threat may be a theft rather than a robbery.

Intent. The force or threat must be used with the intent to make someone give up the property or to prevent resistance to the taking or keeping of it. If force was used for some other reason, the robbery charge may not fit the facts.

The weapon. Armed robbery depends on whether there was a deadly weapon, a dangerous instrument or a simulated deadly weapon, as the law uses those words. We test whether the object existed, what it was, and how it was used or displayed, since this can decide both the charge and whether a dangerous allegation applies.

Accomplice questions. Aggravated robbery requires an accomplice who was actually present, and armed robbery can rest on what an accomplice did. We look closely at what the evidence shows about your role and what you knew.