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December 29, 2010

CHANDLER CRIMINAL DEFENSE FOR ROBBERY CHARGES

How Top Rated Criminal Attorneys Defend Chandler Robbery and Armed Robbery Charges

Chandler AZ Robbery or Armed Robbery Charges
Chandler robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Chandler, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Chandler Court as soon as possible to defend your charges.

The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

All Chandler Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. Many objects can constitute a weapon and fall within the category of "armed robbery". For example a broken glass bottle, a baseball bat, knife, or other objects which may or may not have been made for its intended use as a weapon.

Chandler Robbery or Armed Robbery Penalties
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing by the Chandler courts.
If you are convicted of a "dangerous crime" (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws -Robbery and Armed Robbery
Charges of robbery or armed robbery in Chandler AZ fall under the authority of Laws, Classifications, Definitions, Penalties and Sentencing of the State of Arizona Laws:
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

A.R.S. §13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. "Force" means any physical act directed against a person as a means of gaining control of property. 2. "In the course of committing" includes any of the defendant's acts beginning with the initiation and extending through the flight from a robbery. 3. "Property of another" means property of another as defined in section 13-1801. 4. "Threat" means a verbal or physical menace of imminent physical injury to a person.

A.R.S. §13-1902. Robbery; classification
A. 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. B. Robbery is a class 4 felony.

A.R.S. §13-1903 Aggravated Robbery
A. 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. B. Aggravated robbery is a class 3 felony.

A.R.S. §13-1904 Armed Robbery
A. 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. B. Armed robbery is a class 2 felony.

Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney AZ
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Chandler robbery charges or arrest. Below are just a few examples of defenses a good Chandler criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Chandler prosecution's case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Chandler are dangerous to go at alone and try to defend yourself. In theory, the law is that you are innocent until proven guilty. But in practicality, without a good Chandler criminal defense attorney, the criminal justice system will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or provide you will any empathy or favor. Conviction is imminent.

The job of the Chandler prosecution on behalf of the state of Arizona is to convict you, not help you. With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "CHANDLER ROBBERY ATTORNEY | ROBBERY LAWS | ROBBERY PENALTIES" »

October 24, 2010

Phoenix Criminal Defense Weapon Charges

"The defense of a Arizona good criminal attorney who defends weapons charges frequently in Phoenix Criminal Justice System will greatly increase your chances of a getting a good outcome in your case."

Weapon Charges in Phoenix AZ
Weapons charges are typically paired with other criminal charges in Arizona you received at the same time. Weapon charges can be very serious. If you were arrested or face weapon charges of any kind in Arizona, you should consult an experienced AZ Criminal Defense attorney to discuss you charges, potential penalties, and defense options. An AZ conviction for a felony weapon charges carry serous consequences, including a jail or prison sentences. Some of the more serious crimes involving weapons for which sentencing will be more severe include but are not limited to the following:

• Unlawful Discharge of a Firearm
• Endangerment
• Aggravated Assault
• Using a Weapon in a Threatening Manner
• Felon in Possession of a Firearm
• Assault with a Deadly Weapon
• Armed Robbery or Burglary
• Possession during commission of other crimes not listed above

Some stand alone Phoenix crimes involving weapons, including guns and firearms include but are not limited to the following and usually classified as Misconduct Charges:
• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number

Arizona Weapons Defined (not all inclusive)
Dangerous or deadly weapon: Any weapon designed for lethal use, including firearms. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles.

Prohibited weapons: These are weapons that are completely illegal in the state of Arizona which include but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nun-chucks.
Firearms: These are defined as any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.
Explosives: dynamite, nitroglycerine, black powder, or plastic explosives.
(Definitions paraphrased from A.R.S. www.azleg.state.az.us)

Arizona Weapon Laws
There are many different types of weapon charges, and situations for which weapon charges may apply. Weapon charges in Arizona are specifically are comprehensive and specifically defined and classified under the State weapons laws. Whether you were arrested for Weapon Charges in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona you will be subject to the rules of authority of Arizona State Law and criminal codes cited below:

"A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES
13-3101 through 13-3120"
(Citations from www.azleg.state.az.us)

Weapon Charges Defense Attorneys in Phoenix Arizona
Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system or the maze of procedures and protocols of the Arizona courts. Due to their potentially serious nature, you should contact a Phoenix AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Phoenix criminal justice system and Phoenix courts, as soon as possible if you have been charged or arrested for any weapon charge. A good Phoenix criminal attorney in Arizona will gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels, present compelling arguments in negotiations, hearings, trials, and through motions to protect you against the works outcome and harshest penalties. An experienced Phoenix AZ weapon charges attorney will do everything possible to suppress any evidence against you, attempt to get your charges reduced or to achieve the best outcome of getting your charges dismissed. Every weapons charge case is different and the defenses that will be used and outcomes may differ.

The defense of a Arizona good criminal attorney who defends weapons charges frequently in Phoenix Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, endangerment with a weapon, other firearm and gun charges, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

For more Arizona criminal defense and DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Mesa, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

May 9, 2010

Robbery - Arizona Criminal Laws - Criminal Defense Attorney

Arizona sentencing on robbery or armed robbery convictions must be taken serious as the range is harsh. Any good Arizona criminal defense attorney will advise you to retain Arizona legal representation for such charges. If the crime is designated a dangerous crime, as most crimes become when dangerous weapons are involved, prison is mandatory. Once weapons are involved and the threat of injury occurs, penalties can be doubled form the normal non-dangerous felony sentence. The possible range for robbery is from 18 months to a maximum of 21 years in prison for each count charged against you.

ARIZONA LAWS - ROBBERY

Under Arizona Revised Statutes, Title 13, Chapter 19, Robbery, the following can be found.

A.R.S. §13-1901 Definitions:

In this chapter, unless the context otherwise requires:
1. "Force" means any physical act directed against a person as a means of gaining control of property.
2. "In the course of committing" includes any of the defendant's acts beginning with the initiation and extending through the flight from a robbery.
3. "Property of another" means property of another as defined in section 13-1801.
4. "Threat" means a verbal or physical menace of imminent physical injury to a person.

A.R.S. §13-1902. Robbery; classification

A. 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.
B. Robbery is a class 4 felony.

A.R.S. §13-1903 Aggravated Robbery

A. 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.
B. Aggravated robbery is a class 3 felony.

A.R.S. §13-1904 Armed Robbery

A. 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.
B. Armed robbery is a class 2 felony.

May 8, 2010

What is the difference between burglary and robbery?

Robbery differs from burglary in that burglary is the crime of breaking into and entering a structure (someone's home, business, or vehicle) with the intent to commit a felony within the structure. However, robbery differs from burglary in that burglary is the crime of breaking into and entering a structure (someone's home, business, or vehicle) with the intent to commit a felony within the structure. Robbery on the other hand will have the use of force or fear as a means of gaining control of property from another person. Robbery is one of the true victim's crimes in the statutes. It is viewed much more harshly by the courts. It is important that if you consult an Arizona Criminal Defense Attorney if you facing any type of robbery or armed robbery charges in Arizona.

If you have been charged with robbery or armed robbery, be sure that you exercise your constitutional right to remain silent. Protect your rights by not making any statements to the police without first consulting an experienced Arizona Criminal Attorney proficient at defending any robbery charges. If you have been charged with any robbery crime, the only thing that can make matters worse is for you to attempt to defend it on your own without private Arizona Legal Representation.Arizona armed robbery offenses are prosecuted very aggressively.

Robbery - Armed Robbery

Arizona armed robbery crime is completed when you take of property by violence or intimidation. The crime of robbery becomes aggravated robbery when an accomplice is present in the robbery.

The law still considers an offense to be the same as armed robbery even if a gun was not loaded or if the gun was never drawn or pointed. Even a typical non-lethal object such as a sports baseball bat, beer bottle, skateboard can be charged as armed robbery if the person robbed reasonably assumed the object was a weapon or it was used as one and caused serious injury.

Often, there are few witnesses to a robbery offense. An experienced robbery attorney from our greater Phoenix, Arizona office will be able to challenge the State and make them prove the identity of their suspect, and thus be able to cause the State to rethink their case at hand.

Challenging the Arizona Prosecution's Robbery Case

Experienced defense attorney James Novak will make every attempt to get your case dismissed by challenging the evidence in pre-trial proceedings. If he can not get charges dropped, he will exhaust every means to negotiate down to simple robbery or classify it as a non-dangerous felony. He will provide an immediate and proactive defense and work to protect your future and your freedom.

Continue reading "Robbery Criminal Defense Lawyer - Arizona Laws" »