A theft dispute near Surprise Marketplace or a confrontation at the busy Bell Road and Grand Avenue corridor can turn into a Class 2 felony before you’ve had time to process what happened. If you’re facing charges under ARS 13-1904, you need to understand what that statute actually means—because the state doesn’t need to prove you had a real gun to put you away for years. If you’re looking to build a Bell Road robbery defense, our Surprise armed robbery defense lawyer team has seen these cases firsthand, and we know exactly how quickly the stakes escalate.
What Is Armed Robbery Under ARS 13-1904?
Arizona’s armed robbery statute, ARS 13-1904, extends the basic concept of robbery found in ARS 13-1902. In Arizona, robbery is defined as taking property from another person or from their immediate possession using intimidation, coercion, or threat.
However, armed robbery adds another dimension. If you use, simulate the presence of, or arm yourself with a deadly weapon or dangerous item when committing a robbery or fleeing from a robbery, you might be charged under ARS 13-1904.
A simulated weapon robbery in Arizona means that even if you don’t have a weapon in your hoodie pocket but imply that you do, you may be charged with armed robbery in Surprise, AZ rather than regular theft or robbery.
This offense is considered a class 2 felony in Arizona.
The Bell Road Corridor: Why Surprise Sees So Many of These Arrests
The Bell Road Corridor in Surprise, particularly where Bell Road meets Grand Avenue, is an exceptionally busy shopping district in the West Valley. The Surprise Marketplace is the centerpiece of a vast retail complex that sees plenty of foot traffic throughout the year.
Foot traffic translates into lots of incidents. Retail theft cases in this area frequently escalate to felony charges, and the Surprise Police Department makes sure they go above and beyond when it comes to investigating anything that involves weapons. What starts out as a shoplifting case can be upgraded to armed robbery very quickly on the basis of witness testimony, surveillance video, or the officer’s first-hand observations.
Mandatory Minimum Sentences: What ARS 13-1904 Really Means
Arizona has a system of presumptive sentencing when it comes to felonies, and Class 2 dangerous felonies are among the most severe cases that can come with mandatory minimums in Arizona. This is what you could face after a conviction for ARS 13-1904:
First Time Offender (No Prior Felonies)
- Minimum: 7 years in prison
- Presumptive: 10.5 years in prison
- Maximum: 21 years in prison
One Prior Felony Conviction
- Minimum: 14 years
- Presumptive: 15.75 years
- Maximum: 28 years
Two or More Prior Felony Convictions
- Minimum: 21 years
- Presumptive: 28 years
- Maximum: 35 years
These are Department of Corrections sentences, not county jail sentences. Probation will unavailable “dangerous offenses.” If the prosecution succeeds in establishing the existence of a firearm or the occurrence of actual injury during commission of the crime, enhancements pursuant to ARS 13-704 can bump up these numbers further still.
Whether you go from minimum to presumptive or worse may well depend upon your actions in the first 48 hours following your Surprise Marketplace theft arrest—and whether you were represented by a competent Surprise armed robbery lawyer during that critical time period.
How the State Proves its Case Against You for Armed Robbery
Knowing how the prosecutor will proceed can help you prepare an effective defense strategy. In Bell Road Corridor cases, the state usually looks at:
- Surveillance Footage – All big box stores and strip malls in the Surprise Marketplace area will have surveillance cameras covering both inside and outside. The prosecution will go through these surveillance tapes to prove timeline, intent, and whether a weapon was involved.
- Witness Statements – Anyone who worked at the location or walked by and felt threatened can be called in for a statement. If someone just states that “he appeared to have a gun,” that could be sufficient under Arizona law.
- Police Report – The first report filed by the responding officer determines the story from there on out. If the initial police report says there was a robbery involving a weapon, this is how everything will proceed.
- Criminal History – If you previously had any encounters with the Surprise Police Department or any other Arizona police department, this will be used against you during arraignment, sentencing, and sometimes even during the trial.
None of this is insurmountable. However, it needs to be addressed, and the earlier an armed robbery defense attorney in Surprise, AZ is involved, the better.
Bell Road Robbery Defense Strategies We Use
There is no one-size-fits-all defense approach. It’s critical for an armed robbery defense lawyer in Surprise, AZ to carefully examine all evidence, witnesses, the circumstances of the arrest, and the background information to formulate an effective legal defense.
Some of the defenses our team employs include the following:
- Questioning the Presence of the Weapon – This is particularly relevant in cases when the prosecution argues simulated robbery. In such instances, we thoroughly evaluate the physical evidence and testimonies regarding whether there were good sightlines and whether or not the videos corroborate the existence of this element.
- Denial of the Presence of Threat/Use of Force – Robbery entails not only stealing but also applying force or intimidating someone. In robberies that occur in the context of a dispute over property, this element is often questionable.
- Analysis of the Arrest and Search – Should you be arrested, searched, or interrogated by police without proper legal cause, any resulting evidence may be suppressible. The filing of a motion to suppress evidence may exclude crucial evidence from being admitted into the case even prior to the trial.
- Negotiation for Reduced Charges – Not every case goes to trial. In fact, many cases can be resolved without one. If there is a factual basis to reduce your charges from armed robbery under ARS 13-1904 to either robbery under ARS 13-1902 or theft under ARS 13-1802, you may be in for a significant reduction in your potential sentence. We aggressively negotiate when the facts are in your favor.
- Defense of Alibis and Identification – The video surveillance may be fuzzy. Human memory is flawed. In cases where identification is an issue, we work vigorously to defend you.
Speak with a Bell Road Robbery Defense Lawyer Now
An armed robbery charge in Surprise doesn’t make you guilty of anything – it simply means you should contact lawyers who can help defend your rights.
Lerner and Rowe Law Group is the firm for those who need an advocate–not only a Surprise criminal defense lawyer to show up in court but also a real fighter who will represent your best interests to the end.
If you or your loved one have been accused of a crime anywhere in Surprise or the Phoenix metro area, contact us right away by calling (602) 977-1900, filling out our contact form, or using LiveChat.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.