ARS § 13-1904 is the Arizona statute that defines the crime of armed robbery. People commit this offense when they rob someone and do so while either armed with a deadly weapon or while using or threatening to use a deadly weapon.  A violation of this law is a Class 2 felony punishable by over 12 years in state prison.

The language of ARS § 13-1904 reads as follows:

A. A person commits armed robbery if, in the course of committing robbery as proscribed in section 13-1902, the person or an accomplice does any of the following:

1. Is armed with a deadly weapon or a simulated deadly weapon.

2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.

3. Takes possession of or attempts to take possession of a deadly weapon.

B. Armed robbery is a class 2 felony.

Arizona’s robbery statutes include the following:

• ARS 13-1902, robbery,
• ARS 13-1903, aggravated robbery, and
• ARS 13-1904, armed robbery.

Examples

• taking someone’s wallet with a concealed handgun.
• stealing a woman’s purse while an accomplice points a firearm at the “victim.”
• snatching a person’s briefcase while holding a gun to the person’s back.

Defenses

Criminal defense lawyers draw upon several legal strategies to help defendants challenge armed robbery charges. Some of these include an attorney showing that the defendant:

• did not have a weapon,
• was a victim of an unlawful search or seizure, and/or
• was a victim of mistaken identity.

Penalties

A violation of ARS 13-1904 is a Class 2 felony (as opposed to a Class 2 misdemeanor). These offenses are punishable by prison sentences of up to 12 years, six months.

In this article, our criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related crimes.

1. How does Arizona law define “armed robbery”?

Arizona’s criminal laws say that people are guilty of armed robbery when they:

1. commit the crime of robbery, and
2. do so while either armed with a deadly weapon or simulated weapon, or
3. do so while using or threatening to use a deadly weapon or a simulated deadly weapon.ⁱ

People commit “robbery” when, in the course of stealing property from someone’s person or immediate presence, they use a threat of force or actual force to complete the stealing.ⁱⁱ

For purposes of this statute, a “deadly weapon” includes obvious lethal weapons such as guns and knives.

But other objects can be deadly weapons if they are used in a way that could:

• kill someone, or
• cause them substantial harm.

Some examples may include:

• a tire iron,ⁱⁱⁱ
• an unloaded gun (if used to club or hit someone),
• a bottle (if used to attack someone),
• a BB gun, and
• a car (used in an attempt to run someone down).

Note that a “simulated deadly weapon” is an imitation deadly weapon. For example, a person can create a simulated deadly weapon by using his/her concealed hands to create the appearance of a gun or weapon.^iv

Further, armed robbery does not require that an alleged victim feel threatened by a defendant’s weapon or that the accused used the weapon to cause physical injury. The mere fact that a defendant had a weapon is what triggers the offense.^v

2. Are there defenses to ARS 13-1904?

People accused of criminal charges under this statute can challenge them with a legal defense/disclaimer. Three common defenses include showing that:

1. the accused did not have a weapon.
2. law enforcement conducted an unlawful search or seizure.
3. the defendant was a victim of mistaken identity.

2.1. No weapon

People are only guilty of armed robbery if they robbed someone while armed with a deadly weapon or while using one. This means that it is always a defense for a defendant to show that he/she did not try to steal something with a weapon. Note, though, that the person could still be found guilty of an underlying robbery offense.

2.2. Unlawful search or seizure

Defendants are sometimes charged with this offense after the police obtain a weapon following a search and seizure. If, though, law enforcement did search or seize something without a search warrant, or without a lawful exception for not having a warrant, then the object seized can get removed from evidence. The result could mean a reduction in charges or a judge dropping a case in its entirety.

2.3. Mistaken identity

“Victims” of robbery often misidentify a suspect. This is because people often try to commit the crime when it is dark out or while wearing a disguise or mask. Therefore, a defendant can always try to raise the defense that he/she was a victim of mistaken identity.

3. What are the penalties?

A violation of this law is a felony offense. In particular, a violation is a Class 2 felony.

The crime is punishable by a prison sentence of between three years and twelve years, six months.

Sometimes armed robbery gets classified as a “dangerous offense” under Arizona law. If so, the crime is punishable by a prison term of seven and 21 years.

4. Are there related offenses?

There are three crimes related to armed robbery. These are:

1. theft – ARS 13-1802,
2. 2^nd degree burglary – ARS 13-1507, and
3. aggravated assault – ARS 13-1204.

4.1. Theft – ARS 13-1802

Under ARS 13-1802, theft is the crime where someone knowingly uses or takes another person’s property or services without lawful authority to do so.

Unlike with armed robbery, a person does not have to have or use a weapon to commit this crime. A person only has to take the property of another.

4.2. 2nd-degree burglary – ARS 13-1507

Per ARS 13-1507, second-degree burglary is when a person:

1. unlawfully enters or remains in or on a residential structure, and
2. does so with the intent to commit any theft or felony once inside.

Note that Arizona law makes a distinction between first-degree burglary and second-degree burglary. First-degree burglary is when a person commits a burglary under ARS 13-1507 and does so while in the possession of:

• explosives,
• a deadly weapon, or
• a dangerous instrument.

As with ARS 13-1904, a deadly weapon is required for both armed robbery and first-degree burglary.

4.3. Aggravated assault – ARS 13-1204

Under ARS 13-1204, aggravated assault is the crime where someone:

1. assaults another person, and
2. does so by means of certain aggravating factors (for example, by assaulting someone with a deadly weapon).

If someone commits armed robbery and then assaults the “victim” with the weapon used in the robbery offense, then the police can charge the person with both:

• armed robbery, and
• aggravated assault.

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