ARIZONA ARMED ROBBERY LAWYER

Quick Answer

If you are facing felony charges for armed robbery in Arizona, your first call should be to an experienced attorney at Matthew Lopez Law, PLLC.

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What Is Armed Robbery Under Arizona Law?

Armed robbery is where Arizona stops offering second chances. Under ARS 13-1904, a robbery committed while armed with a deadly weapon becomes a Class 2 felony, and when the state alleges it as a dangerous offense under ARS 13-704, the sentencing range starts at seven years in prison. Not seven years available. Seven years mandatory. Probation is unavailable, a suspended sentence is unavailable, and the judge has no authority to go below the floor.

Here is what makes these cases defensible anyway: the weapon does not have to be real, but the state’s proof about it does. Arizona reaches simulated deadly weapons, which means a finger in a pocket can support the charge. That same breadth means the “armed with or used or threatened” element is frequently thin, and breaking it drops the case two full felony classes.

Matthew Lopez Law defends armed robbery charges throughout Arizona. Contact our firm for a confidential consultation.

The Added Element

A person commits armed robbery if, in the course of committing robbery under ARS 13-1902, the person or an accomplice:

• Is armed with a deadly weapon or a simulated deadly weapon, or
• Uses or threatens to use a deadly weapon, a simulated deadly weapon, or a dangerous instrument

Three definitions control the outcome.

Deadly weapon means anything designed for lethal use, primarily firearms. Under Arizona law an unloaded or inoperable firearm still qualifies.

Dangerous instrument means anything that, under the circumstances of its actual use, is readily capable of causing death or serious physical injury. A bat, a bottle, a screwdriver, or a vehicle can all qualify depending on how it was used.

Simulated deadly weapon covers replicas, toy guns, and concealed objects represented as weapons. This is why a hand in a jacket pocket, accompanied by a claim of having a gun, supports an armed robbery charge.

Note the accomplice language. If any participant was armed, every participant faces armed robbery, even one who never knew a weapon was present.

Classification and Sentencing

Armed robbery is a Class 2 felony. Whether it is charged as dangerous determines everything else.

A conviction also carries restitution, fines up to $150,000 plus surcharges under ARS 13-801, permanent loss of firearm rights, and loss of voting rights until restored.

Breaking the Weapon Element Is the Whole Case

Because the weapon is the only thing separating armed robbery from lesser charges, that element deserves the overwhelming share of defense attention. Removing it drops the case to aggravated robbery if an accomplice was present, or robbery if not.

Moving from armed robbery to standard robbery takes a case from a seven-year mandatory prison floor to probation eligibility. There is no other single issue in these cases worth as much.

Defending an Armed Robbery Charge

No weapon was used or exhibited. Being armed is not the same as using or threatening. Where a weapon was in a pocket or a waistband, never displayed, never mentioned, and unknown to the victim, the state’s theory weakens considerably. Body camera footage, surveillance video, and the victim’s initial statement to police often say something different than the eventual testimony.

The object was not a deadly weapon or dangerous instrument. An object is a dangerous instrument only under the circumstances of its actual use. Something carried but never brandished, or used in a way not readily capable of causing death or serious injury, may fall outside the definition.

No simulation. For simulated weapon allegations, the state must prove the defendant represented having a weapon. A victim’s assumption, without any statement or gesture from the defendant, is not simulation.

No knowledge of a codefendant’s weapon. Where the client is charged because an accomplice was armed, evidence that the client did not know about the weapon is a serious mitigating argument and can support charge reduction even where accomplice liability technically attaches.

Defeating the dangerous allegation. Even where the armed robbery charge stands, contesting the dangerous designation restores probation eligibility and eliminates the seven-year floor.

Attacking the underlying robbery. If no force or threat was used, or the property was not taken from the person or immediate presence, the base offense fails and armed robbery falls with it.

Identification. Armed robberies are brief and terrifying, and research on weapon focus shows that witnesses concentrate on the weapon rather than the face, which degrades identification accuracy. Lineup procedures, the initial description, and surveillance quality are all subject to challenge.

Suppression. Warrantless searches, defective warrants, show-up identifications conducted at the scene, and statements taken without Miranda warnings all present suppression opportunities that can end the case.

Related Charges Often Filed Alongside

Armed robbery counts typically accompany aggravated assault, kidnapping where victims were confined during the offense, burglary, misconduct involving weapons under ARS 13-3102, and conspiracy. Federal charges under the Hobbs Act can also follow where interstate commerce is implicated, which brings a separate prosecution with its own mandatory minimums.

Contact Matthew Lopez Law

Armed robbery carries the harshest mandatory sentence of any Arizona property offense, and it rests on a single element that is often provable only through a victim’s fast, frightened perception. Independent investigation of the weapon allegation, early review of video and initial statements, and motion practice on the dangerous designation are what stand between a client and a seven-year floor.

We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Every interaction confidential.

Contact us for a free consultation.

Violent Crime Resources

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Maricopa County Superior Court

• Address 201 W Jefferson St, Phoenix, AZ 85003
• Hours Mon–Fri, 8 AM – 5:00 PM
• Phone 602-506-3204

La Paz County Superior Court

• Address 1316 KoFA Ave., Suite 607, Parker, AZ 85344
• Hours Mon–Fri, 8 AM – 5:00 PM
• Phone (928) 669-6131

Apache Junction Justice Court

• Address Roy Hudson Complex, 575 N Idaho Rd, Apache Junction, AZ 85119
• Hours Mon–Fri, 8 AM – 5:00 PM
• Phone 480-982-2921

Lake Havasu County Courthouse

• Address 1695 Mesquite Ave, UNIT 214 Lake Havasu City, AZ 86403
• Hours Mon–Fri, 7:30 AM – 4:00 PM
• Phone928-714-7032