Armed Robbery
A.R.S. § 13-1904 — Armed Robbery
Under A.R.S. § 13-1904, a person commits armed robbery by committing robbery while the person or an accomplice is armed with a deadly weapon or a simulated deadly weapon, uses or threatens to use a deadly weapon or dangerous instrument, or takes possession of or attempts to take possession of a deadly weapon. Armed robbery is among the most serious non-homicide offenses in Arizona.
Penalties
Armed robbery is a Class 2 felony and is automatically designated as a dangerous offense. A first-time offender faces mandatory prison time with a presumptive sentence of 7 years and a range of 5 to 15 years. A person with one prior dangerous offense faces 14 to 28 years. There is no eligibility for probation.
Simulated Weapons
Notably, the statute applies even when the defendant uses a simulated weapon — such as a toy gun or an object concealed to appear as a weapon. The threat perceived by the victim is what drives the severity of the charge, not whether the weapon was real.
Defenses
Defenses include challenging identification evidence, contesting the use or presence of a weapon, disputing whether force or the threat of force was used, and raising issues about the reliability of witness testimony or surveillance evidence. Given the mandatory prison terms, early and thorough defense preparation is critical.