Armed robbery is a serious felony that can change your life forever. If you’re convicted, you could face prison time, hefty fines, and a criminal record that follows you for years to come.
This article explains the penalties associated with armed robbery, including potential prison sentences and other legal repercussions. It also touches on factors that can influence sentencing, like the severity of the crime and your prior criminal history.
Finally, we’ll briefly explore some possible defenses against armed robbery charges. Remember, this is for informational purposes only and not legal advice. If you’re facing armed robbery charges, seek a qualified lawyer.
What is armed robbery?
To understand the penalty for armed robbery, it’s a good idea to define exactly what constitutes armed robbery.
Defining robbery
Robbery is taking someone else’s property from them by using force or threatening to use force.
For it to be considered robbery, the taking must be against the victim’s will, and it must involve force or the threat of force.
Armed robbery defined
Armed robbery goes a step further. It’s different from simple robbery because it involves using a deadly weapon or dangerous instrument during the commission of the crime.
A deadly weapon is any object designed to inflict serious bodily harm or death. A dangerous instrument is any object that, based on how it’s used, could readily cause death or serious physical injury.
Sentencing guidelines for armed robbery
Armed robbery is viewed as a serious crime, and the penalties reflect that. Here’s a look at the typical sentencing guidelines.
Classification and base penalties
In Arizona, armed robbery is usually categorized as a Class 2 felony. What does that mean in terms of punishment? A Class 2 felony can land you in prison for anywhere from 3 to 12.5 years.
Dangerous offenses
The penalties can become even steeper if the crime is classified as a “dangerous offense.” What makes an armed robbery “dangerous?” It means the perpetrator used a deadly weapon or intentionally caused serious physical harm to someone.
If the armed robbery is deemed a “dangerous offense,” the prison sentence increases significantly, ranging from 7 to 21 years.
Additional penalties
Besides a prison sentence, there are other penalties you might face if convicted of armed robbery. These can include hefty fines, an order to pay restitution to the victim, and a period of probation after your release from prison.
Restitution is designed to help the victim recover financially from the crime. This might cover things like medical bills, lost wages, or the cost of replacing stolen property.
Factors That Can Influence Sentencing
Judges consider several factors when deciding the penalty for armed robbery. These include:
- Prior Criminal Record: A history of criminal activity will almost always lead to a harsher sentence. Repeat offenders are seen as less likely to be rehabilitated.
- Aggravating Circumstances: Certain factors can make the crime seem more serious. Using a firearm, inflicting serious injuries on the victim, or committing the robbery as part of gang activity will usually increase the sentence.
- Mitigating Circumstances: On the other hand, some factors can lessen the sentence. A defendant with no prior criminal record, who shows remorse for their actions, or who cooperates with law enforcement might receive a lighter penalty.
- Victim Impact Statements: Victims of armed robbery can submit statements describing how the crime has affected their lives. These statements can influence the judge’s decision by highlighting the real-world consequences of the defendant’s actions.
- Plea Bargaining: In many cases, the defendant and the prosecution will negotiate a plea bargain. The defendant might plead guilty to a lesser charge, or the prosecution might recommend a lighter sentence, in exchange for avoiding a trial. Plea bargains can significantly impact the final sentence.
What are possible defenses for armed robbery?
A skilled defense attorney can use several different strategies to fight armed robbery charges. Here are some examples:
- Lack of Evidence: The defense argues that the prosecution hasn’t presented enough evidence to prove the defendant committed the crime. The standard of proof is “beyond a reasonable doubt.”
- Mistaken Identity: The defense argues that the police or witnesses misidentified the defendant.
- Alibi: The defense presents evidence that the defendant was somewhere else when the robbery occurred.
- Coerced Confession: The defense argues that police pressured the defendant into confessing, making the confession inadmissible in court.
- Duress: The defense claims the defendant committed the robbery because someone threatened to harm them if they didn’t.
- Lack of Intent: The defense argues that the defendant didn’t intend to commit a robbery. This might apply if, for example, the defendant intended to borrow something and return it later, but the situation escalated.
Keep in mind that the best defense strategy depends on the specific facts of the case. It is always best to consult a qualified attorney.
In Conclusion
Armed robbery is a serious charge, and the penalties can be severe. If you’re accused of this crime, you need to seek legal representation to protect your rights. A skilled attorney can help you understand the factors that influence sentencing and explore potential defenses relevant to your case.