Property crimes encompass a wide range of criminal acts, from arson to theft to burglary. These crimes can have a devastating effect on individuals, families, and entire communities. Each type of charge will vary based on factors like the severity of the property damage, the value of the stolen goods, whether or not there were aggravating factors involved, and whether or not the defendant has a prior criminal history.
For the past two months, we’ve been delving into the topic of property crimes, examining essential information like their legal implications, how they can be defended against, and more. So far, we’ve covered such crimes as arson, burglary, and theft. This month, we will be wrapping up the series by analyzing robbery and criminal damage/vandalism. (View Part 1 and Part 2 of this series here.)
If you’ve recently been charged, it is crucial that you understand the complexities of these charges, their nuances, and their potential consequences so that you can navigate the justice system effectively. We aim to give you the knowledge you need to be empowered to move forward with confidence.
Robbery
As we discussed last week, the crimes of robbery, theft, and burglary all seem similar in theory, but when it comes to the law, they are distinctly different criminal acts. A robbery conviction in Arizona requires the use of force and the taking of someone else’s property against their will.
There are 3 distinct types of robbery charges in AZ: robbery, aggravated robbery, and armed robbery. While the elements of proof for each of them are similar, the penalties are very different. For example:
Robbery is a Class 4 felony with a minimum of 1 year in prison/maximum of 3.75 with no prior convictions, or a minimum of 2.25 years in prison/maximum 7.5 years if there is 1 prior conviction. To be convicted, the prosecution has to prove that the defendant committed ALL of the following acts:
- Took property belonging to someone else
- The taking was from the person’s body or from their immediate presence
- The taking was against the victim’s will
- The defendant used or threatened to use force against any person with the intent to make them give up the property or prevent their resistance from keeping their property
Aggravated robbery is a Class 3 felony with a minimum 2 years in prison/maximum 8.75 years with no prior convictions, or a minimum of 3.5 years in prison/maximum 16.25 years if there is 1 prior conviction. To be convicted, all of the same elements of proof as general robbery must be proven, plus an additional one:
- In the course of committing the robbery, the defendant was assisted by an accomplice who was actually present at the scene of the robbery.
Armed robbery is a Class 2 “dangerous” felony with a minimum of 7 years in prison/maximum of 21 years with no prior convictions, or a minimum of 14 years in prison/maximum 28 years if there is 1 prior “dangerous” conviction. To be convicted, all of the same elements of proof as general robbery must be proven, plus an additional one:
- In the course of committing the robbery, the defendant or accomplice was armed with a deadly weapon, toy, or replica deadly weapon, firearm, or used or threatened to use a deadly weapon, simulated deadly weapon, or any other dangerous instrument.
Robbery Defenses
There are several possible defenses that a skilled criminal defense attorney could use to get robbery charges reduced or dismissed altogether. They include:
- Mistaken identity (your classic case of “You’ve got the wrong guy!”)
- The defendant thought the property belonged to someone else
- The owner permitted the defendant to take the property
- The defendant only intended to borrow the property
- The defendant did not use force or threat of bodily harm
- Law enforcement conducted an illegal search and seizure to recover the alleged stolen property (violation of Constitutional rights)
- Entrapment
- And more.
Criminal Damage/Vandalism
Arizona is a tough-on-crime state, so while other states may only classify criminal damage as misdemeanors, many charges in Arizona are classified as felonies. Criminal damage is when someone commits one or more of the following acts:
- Defaces or damages property of another person
- Tampers with property of another person as as to significantly decrease its function or value
- Tampers with the property of a utility
- Parks any vehicle in such a manner as to deprive livestock of access to the only reasonably available water source
- Draws or inscribes a message, slogan, sign, or symbol on any public or private building, structure, or surface (not including the ground) without the permission of the owner
The penalties for criminal damage vary based on the specific circumstances of the crime. For example:
- If the defendant recklessly damages property of another in an amount of $10,000 or more, or if they recklessly hinder the function of any utility, they will be charged with a Class 4 felony.
- If the defendant recklessly damages property of another in an amount of $2,000 or more but less than $10,000, they will be charged with a Class 5 felony.
- If the defendant recklessly damages property of another in an amount of more than $250 but less than $2,000, they will be charged with a Class 6 felony.
- The defendant will be charged with a Class 2 misdemeanor in all other cases of criminal damage.
Criminal Damage/Vandalism Defenses
In order to defend criminal damage charges, an experienced defense attorney may argue that:
- The defendant had permission to carry out the act by the owner of the property
- The defendant is the owner of the property
- Mistaken identity (law enforcement has charged an innocent individual, while the real suspect remains at large)
- The defendant committed the act by accident, or did not intend to cause damage
- And more!
Alatorre Law Has A Record Of Success In Defending Charges Like These. Call Today To Secure Aggressive Representation!
Facing criminal charges like robbery or criminal damage can be a frightening experience, and you may be worried about what the future holds. It is in your best interests to reach out to our firm as soon as possible, so that we can start building a case on your behalf. Our lead attorney, Javier Alatorre, has nearly two decades of experience in the Arizona criminal justice system, and a history of consistent, positive outcomes. Call today to book your free and confidential consultation to learn more about how we can serve you!
