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- Understanding Arizona’s Robbery Laws Under ARS §13-1902 and §13-1904
- The Difference Between Robbery and Armed Robbery in Arizona
- Penalties for Armed Robbery and “Dangerous Offense” Enhancements
- Common Examples of Armed Robberies in Arizona
- Possible Defenses for Armed Robbery Charges
- Contact a Phoenix Criminal Defense Attorney From CHM Law
Armed robbery is among the most serious felony offenses under Arizona law. Prosecutors treat these cases as violent crimes because they involve the threat or use of a deadly weapon. Even a first-time offense can lead to years in prison, and the consequences of a conviction often follow someone for life. Understanding what qualifies as armed robbery and how these charges differ from standard robbery is critical if you or someone you care about has been accused.
In Arizona, robbery occurs when someone takes another person’s property through force or threats. However, when the person or an accomplice is armed with a deadly weapon, uses a dangerous instrument, or even displays a simulated deadly weapon, the charge escalates to armed robbery under ARS §13-1904. This heightened classification makes the offense a “dangerous” Class 2 felony.
At Colburn Hintze Maletta, we know how devastating an armed robbery charge can be. A single accusation can lead to mandatory prison time if convicted. Our team of experienced criminal defense attorneys works tirelessly to build a strong defense and fight for reduced or dismissed charges.
Facing an Armed Robbery Charge?
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Armed Robbery Charges in Arizona
Understanding Arizona’s Robbery Laws Under ARS §13-1902 and §13-1904
Arizona law separates robbery offenses into three main categories:
- Robbery
- Armed robbery
- Aggravated robbery
Each is defined in the Arizona Revised Statutes and carries distinct levels of punishment depending on whether a weapon or an accomplice is involved.
Under ARS §13-1902, a person commits robbery when, in the course of taking property from another, they use or threaten the use of force to prevent resistance or compel surrender of property.
This type of robbery is a Class 4 felony, which is serious but significantly less severe than armed robbery.
Under ARS §13-1904, a person commits armed robbery when they commit robbery as defined by §13-1902 while armed with a deadly weapon, a simulated deadly weapon, or a dangerous instrument, or if they use or threaten to use such a weapon during the offense.
The inclusion of a weapon or a simulated weapon dramatically increases the threat level and the sentence range.
Arizona law also recognizes aggravated robbery under ARS §13-1903, which occurs when a person commits robbery with the help of one or more accomplices.
While this does not require a weapon, the participation of others increases the potential sentence.
The State of Arizona considers armed robbery a “dangerous offense” because it involves the use or threatened use of a deadly weapon or dangerous instrument. This designation triggers mandatory prison terms under ARS §13-704.
The Difference Between Robbery and Armed Robbery in Arizona
The difference between robbery and armed robbery lies in whether the defendant used, carried, or pretended to carry a weapon.
While a standard robbery might involve physical force or threats alone, an armed robbery requires proof that a weapon or a simulated deadly weapon was involved.
For example:
- Standard robbery: A person grabs a wallet from someone’s hand while threatening to punch them if they resist.
- Armed robbery: A person takes the wallet while displaying a firearm, knife, or any object appearing to be a gun—even if the weapon is fake.
The law treats both scenarios as violent, but the second situation involves the threat of deadly force, which elevates the crime to a Class 2 felony.
Even if the weapon was never fired or used to cause injury, the mere presence or simulation of a weapon is enough to aggravate the charge under Arizona criminal defense statutes.
A “simulated deadly weapon” is defined as any object that a reasonable person would believe to be a firearm or deadly weapon. Prosecutors often use this term when someone uses a toy gun, a replica, or even gestures suggesting possession of a weapon during the robbery.
Penalties for Armed Robbery and “Dangerous Offense” Enhancements
Under ARS §13-1904, armed robbery is a Class 2 felony, which involves the use of a deadly weapon during the course of committing robbery.
Because it is classified as a “dangerous offense” under ARS §13-704, probation is not available, and the court must impose a mandatory prison term if the defendant is convicted.
Below is a summary of potential prison terms:
| Classification | Offense Type | Prison Range (Years) | Relevant Statutes |
| Class 2 Felony | First Dangerous Offense | 7 – 21 years (Presumptive: 10.5 years) | ARS §13-1904; ARS §13-704(A) |
| Class 2 Felony | Second Dangerous Offense | 14 – 28 years | ARS §13-704(B) |
| Class 2 Felony | Third or Subsequent Dangerous Offense | 21 – 35 years | ARS §13-704(C) |
Because armed robbery is a “dangerous offense”, judges have no discretion to suspend the sentence or offer probation. If a deadly weapon or simulated deadly weapon was used, the defendant must serve the sentence in full, without early release until the statutory minimum is met.
Suppose someone was injured or killed during the course of committing the robbery. In that case, prosecutors may also pursue additional charges such as aggravated assault or felony murder, which carry life imprisonment under Arizona’s violent crime statutes.
Common Examples of Armed Robberies in Arizona
Armed robbery can take many forms, and not all cases involve sophisticated planning. Some are impulsive, others stem from addiction, and many are misinterpreted situations that escalate unexpectedly.
Example 1:
A man enters a gas station in Tempe, places his hand in his jacket as though he has a gun, and demands cash. No firearm is ever seen or found. The clerk, fearing for their life, hands over money. Even though no real weapon was used, prosecutors can charge this as armed robbery based on the simulated deadly weapon and the threat of force during the course of committing robbery.
Example 2:
In Scottsdale, two individuals rob a jewelry store. One of them points a knife at the clerk while the other grabs merchandise. Both are charged with armed robbery, since under the statute, a person or an accomplice who is armed with a deadly weapon during the offense can face the same charge.
These examples show that even if you did not personally use the weapon, being an accomplice in committing the robbery can lead to the same Class 2 felony penalties.
Possible Defenses for Armed Robbery Charges
Facing an armed robbery charge does not mean conviction is inevitable.
An experienced criminal defense attorney from CHM Law can challenge the evidence and protect your constitutional rights.
Common defense strategies include:
- Lack of a Deadly Weapon or Simulated Weapon
If the prosecution cannot prove the presence or display of a weapon, the charge may be reduced to standard robbery under ARS §13-1902—a Class 4 felony rather than a Class 2 felony. - Mistaken Identity
Many armed robbery cases rely on witness testimony, which can be unreliable. Surveillance footage or forensic evidence may contradict these accounts. - Lack of Intent
Prosecutors must show that the defendant intended to use force or threats to take property. If the incident arose from confusion or misunderstanding, intent may be lacking. - Illegal Search or Seizure
If police obtained evidence through an unlawful search or failed to follow constitutional procedures, that evidence can be suppressed. - Violation of Constitutional Rights
If law enforcement failed to read Miranda rights or conducted an improper interrogation, a skilled criminal defense lawyer can move to have statements excluded.
At Colburn Hintze Maletta, our defense team evaluates every detail—from the weapon allegedly used to witness credibility—to build a strong defense and seek a reduction in charges or a dismissal of the case.
FAQs About Armed Robbery in Arizona
- What is the minimum sentence for armed robbery in Arizona?
For a first-time dangerous offense, the minimum prison term is 7 years, with a presumptive term of 10.5 years under ARS §13-704. - Can you be charged with armed robbery if you didn’t have a real gun?
Yes. Arizona law allows for prosecution if the defendant used a simulated deadly weapon or caused the victim to believe a deadly weapon was present. - What happens if someone was injured during the robbery?
If injury or death occurred, prosecutors may add charges like aggravated assault or felony murder, potentially resulting in life in prison. - Is armed robbery considered a violent crime in Arizona?
Yes. It is explicitly categorized as a dangerous offense involving a deadly weapon, which mandates prison time. - Can a conviction be expunged or set aside?
While Arizona allows some felonies to be set aside, convictions involving dangerous offenses, as defined in section 13-1902, typically cannot be expunged. - What should I do if I’m charged with armed robbery?
Do not speak to law enforcement without an attorney. Contact a Phoenix criminal defense attorney from CHM Law immediately to preserve your rights.
Contact a Phoenix Criminal Defense Attorney From CHM Law
If you have been charged with robbery or are under investigation for armed robbery in Arizona, you need immediate legal guidance. Prosecutors aggressively pursue these cases, and even minor mistakes can result in years behind bars.
At Colburn Hintze Maletta, our team of experienced criminal defense attorneys has defended clients throughout Arizona against violent felony charges. We understand the law, the courts, and how to challenge the evidence used against you.
Our law group builds strong defenses by examining every detail—from police procedures to witness credibility—to help reduce or dismiss charges in accordance with Arizona criminal defense principles.
We offer a free initial consultation where you can discuss your case directly with an attorney, understand the legal consequences, and learn how we can help. Call (602) 825-2500 or visit https://chmlaw.com to schedule your consultation today.
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