Legal Question in Criminal Law in Arizona

my question is what an individual can possibly receive (time wise) for bank robbery, no weapon was involved except a note?


Asked on 1/28/11, 5:13 pm

1 Answer from Attorneys

David Shapiro Shapiro Defense, PLLC

There are factors that have to been considered prior to answering this question: is there a prior criminal history; did the note threaten harm, was there an accomplice, for instance? Basically, a charge has a potential sentencing scheme based on its classification. Simple robbery is a class four felony; the presumptive term of imprisonment is 2.5 years; aggravated robbery is a class 3; presumptive 3.5 years, and; armed robbery, class 2; presumptive of 5.0 years. There are ranges with each of these classes which depend on aggravating circumstances which make the penalty more harsh and mitigating circumstances which make the penalty less harsh than the presumptive term. These factors or "circumstances" are balanced by the judge to determine whether the sentence presumed should be imposed or whether the sentence should be less or more harsh. At the same time, the facts of the alleged crime may give rise to sentencing enhancements; these are called "allegations", e.g. dangerousness, prior felony convictions. So, while aggravators and mitigators can move the sentence up or down within a predetermined, set range (called the "statutory" range because it has been set by statute or law by the legislature), enhancements (statutory enhancements), if alleged or claimed by the government- and upon a finding by the judge or a jury that these allegations are true - move the sentencing range up. For example, the presumptive term in the sentencing range for a robbery when the defendant has an alleged (and allegeable) prior felony conviction becomes 4.5 years rather than 2.5 years (the lesser part of the range and the harsher part also moves with allegations). Now, consult an attorney in order to be asked the relevant factual questions necessary for a complete answer to your question.

Read more
Answered on 2/09/11, 7:51 pm


Related Questions & Answers

More Criminal Law questions and answers in Arizona