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Robbery Charges

Aggravated Robbery

13-1903. Aggravated robbery; classification

  1. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present.
  2. Aggravated robbery is a class 3 felony.

Armed Robbery

Armed robbery requires proof of the following two things:

  1. A person committed a robbery; and
  2. A person or an accomplice was armed with a deadly weapon simulated deadly weapon firearm or used or threatened to use a deadly weapon simulated deadly weapon dangerous instrument.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with armed robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with armed robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of armed robbery that person is facing a prison sentence. That prison sentence ranges from 7-21 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with armed robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for armed robbery in Arizona is Arizona Revised Statute 13-1904 13-1904. Armed robbery; classification

  1. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice:
    1. Is armed with a deadly weapon or a simulated deadly weapon; or
    2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.
  2. Armed robbery is a class 2 felony.

Robbery

Robbery requires proof of the following four things:

  1. A person took another person’s property; and
  2. The taking was from the other person’s person or immediate presence; and
  3. The taking was against the other person’s will; and
  4. The person threatened or used force against any person with the intent to coerce surrender of the property or to prevent resistance to taking or keeping the property.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

It is almost always in a person’ s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 7-21 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for robbery in Arizona is Arizona Revised Statute 13-1902

13-1902. Robbery; classification

  1. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
  2. Robbery is a class 4 felony.

Theft By Control With Intent To Deprive

The crime of theft requires proof of the following two things:

  1. The defendant knowingly controlled another per­son’s property; and
  2. The defendant intended to deprive the other person of the property.

13-1802. Theft; classification

  1. A person commits theft if, without lawful authority, the person knowingly:
    1. Controls property of another with the intent to deprive the other person of such property; or
    2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or
    3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
    4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use without reasonable efforts to notify the true owner; or
    5. Controls property of another knowing or having reason to know that the property was stolen; or
    6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so.
  2. A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult’s assets or property through intimidation or deception, as defined in section 46-456, while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property.
  3. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section.
  4. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44-405.
  5. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars is a class 3 felony. Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value. Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 5 felony. Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony. Theft of any property or services valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is taken from the person of another, is a firearm or is a dog taken for the purpose of dog fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony.
  6. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

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