Defense for Aggravated Robbery

Defending Aggravated Robbery Charges | Aggravated Robbery Defenses

Defense for Aggravated Robbery Charges in Arizona

Aggravated Robbery is a Class 3 Felony Under A.R.S. §13. 1903 Aggravated Robbery convictions carry harsh sentencing and penalties. A person may be guilty of an Aggravated Robbery if a robbery was committed under A.R.S. §13. 1902; and

• Person (s) who committed the robbery was aided by one or more accomplices who were physically present during the robbery;

So there are two main elements of defense to address in Aggravated Robbery:

1. The Robbery itself; and
2. The aid or involvement of one or more Accomplices

Aggravated Robbery is classified as a “Dangerous Offense” in Arizona, and a crime against a victim. The state and prosecution pursues any all Dangerous Offenses egregiously to obtain convictions in Arizona. The State prosecution has the burden of proving “beyond a reasonable doubt” that a defendant is guilty of Aggravated Armed Robbery.

Every case holds its’ own set of circumstances. The defenses used will be much the same as robbery, and armed robbery. However, it will include defenses addressing the involvement of one or more accomplices or persons accused of aiding the suspect (s) in the crime. Below are some defenses that may be used for Aggravated Robbery:

• Mistake of Fact - person (s) had no knowledge or intent of the circumstance that violated the law. For example, a person paid for merchandise and thought they made a valid retail purchase. But in fact, the sales representative did not scan all of the items and remove security tags. When they left the store, the alarm activated for the unpaid items;
• Suppression of evidence - obtained unconstitutionally; or otherwise prohibited;
• Alibi – the defense is able to provide proof that the co-defendant or alleged accomplice was elsewhere at the time and date of the robbery;
• Mistaken identity - Witnesses incorrectly or mistakenly identified a defendant as being involved in the robbery;
• Improper handling of evidence – Including obtaining; collecting; or preservation;
• Miranda Rights Violations - A person was arrested and not read their “Miranda Warning”; or a person was interrogated by police in absence of their attorney, after the suspect expressly involved their “Miranda Rights”;
• Speedy trial rights violations - A trial must take place within a specified statutory time frame;
• Accomplice’s lack of “intent” – Under A.R.S. 13-1902 – A defendant accused of being an accomplice had no knowledge that the main suspect had planned to commit robbery; and the accused accomplices was an innocent by stander;
• No “probable cause” for arrest - ; The Supreme Court has held the 4th Amendment Right of the US constitution, that a lawful arrest requires “probable cause”;
• No eye-witnesses - A person standing outside a bank saw a suspect leave flee from a bank; but they did not actually see the suspect rob the bank;
• Conflicting witness statements – Raising validity of accounts;
• No proof; that the alleged accomplice helped or aided the main defendant;
• Violations in Police procedure and Protocol; Police violated procedures and protocol of investigation, arrest, or criminal processing of the defendant;
• Lack of sufficient evidence - Including finger prints; surveillance, photographs, eye-witnesses or DNA;
• Duress - Where an alleged accomplice was forced to participate or help the suspect commit the robbery, under duress or the imminent threat of danger or harm their family or them by another person or entity.
• Mere Presence – person (s) accused of being accomplices did nothing to aid or help the suspect;
• Reasonable Doubt – Burden not satisfied;
• Discovery of exculpatory evidence by defense;
• Other Constitutional Rights Violations not mentioned above
• Other evidentiary issues

If you were arrested for any type of robbery charges it is crucial that you retain an experienced criminal attorney who often defends robbery charges, such as the Law Office of James Novak. It is unwise to attempt to defend these charges on your own. The most effective way to utilize any of the defenses above is to hire a qualified criminal trial lawyer to challenge evidence and defend charges on your behave. James Novak, PLLC is a former Maricopa County criminal prosecutor. He has a vast amount of trial and litigation experience in criminal law. For over a decade, the Law Office of James Novak has exclusively defended criminal and DUI charges. If retained, he will defend your charges; make sure your rights are protected; move to suppress weak or unjustified evidence; and attempt to get the best possible outcome in your case including mitigated sentencing, reduction of charges, dismissal or all or part of the charges, and the best possible resolution to your case. Call today for a free consultation (480) 413-1499!