19 Aug Arizona Penalty for Attempted Robbery
We make it a habit here at Coolidge Law Firm to answer all the most common questions surrounding Arizona law. Knowing your rights and operating within them is the best way to keep yourself safe. In this article we’ll answer the question, “Can you receive an attempted robbery sentence in Arizona if no property was taken or harmed?”
Attempted Robbery Sentence
Yes, you can receive an attempted robbery sentence in Arizona, even if no damage was done, no victims were hurt, and nothing was stolen. In 1999, a court found defendant Davis guilty of attempted robbery—the defendant had tugged at an officer’s gun holster during an arrest and the officer was “required to use force to prevent appellant from taking the gun.”
Robbery, different from theft and burglary, is using force to take property from a person (not a store, business, or entity) or using threats to coerce a victim into surrendering property. Robbery includes snatching something attached to a person. In Arizona, robbery is a class 4 felony. This sentence could come with the punishment of up to 2.5 years prison time.
An attempted robbery is often seen as an aggravating factor by the court system when they are looking at all the details in a case.
Attempted Armed Robbery Sentence
Depending on the circumstances surrounding the crime of armed robbery, either a Class 3 or a Class 4 felony could be charged. If the defendant threatens or coerces an individual into surrendering their property, it is considered a Class 4 felony. Coercion can be convicted for saying something as simple as, “Don’t make me do it,” while holding a gun and motioning for someone to surrender their property.
What if the robbery never took place, though? What if no shots were fired, the gun was put away, and no property was forcibly removed from a person? Would the courts dole out an attempted armed robbery sentence? They could.
Arizona has found defendants guilty of attempted armed robbery in the past. They find this to be a crime of violence because it “…involves conduct that presents a serious potential risk of physical injury to another…” The penalty for attempted armed robbery will be determined in court.
Defense for Armed Robbery
Remember, by law a person is innocent until proven guilty, and guilt must be proven beyond a reasonable doubt. If you have questions concerning robbery, burglary, or any other charges, contact Coolidge Law in Chandler Arizona. Todd Coolidge has been a certified criminal law specialist since 2000. His approach is straightforward, and he handles all cases personally. You can rest assured that your case is important to him.
“Mr. Coolidge is hard working, dedicated, very smart, and a brilliant attorney.
I would truly recommend Mr. Coolidge to anyone and everyone dealing with a criminal case.” – Raymond B.
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