Arizona Robbery Lawyer
Phoenix Robbery Attorney
Contrary to common misconception, a robbery is not committed when an individual
breaks into the home or vehicle of a victim and steals their property.
Rather, the offense is charged when a person is accused of using force
or threatening to use force when committing a theft with the intent of
scaring the victim into relinquishing the property or inducing them to
not resist. The law in Phoenix, Scottsdale, Tempe, Glendale and Mesa regarding
robbery does not require any evidence that the defendant used or even
possessed a weapon. Rather, the prosecution files robbery charges anytime
there is even the slightest allegation that the defendant made any sort
of threat or had any minimal level of physical contact with the victim.
Phoenix Robbery Defense Lawyer
As a Phoenix Criminal Defense Attorney, Joshua S. Davidson has personally
handled many robbery cases where the only force allegedly used by the
defendant was limited to inadvertently knocking the victim off balance
while taking their purse or brushing past a security guard or store manager
while escaping from a shoplifting. Although these types of cases should
more properly be charged as the less serious criminal act of
theft, the Maricopa County Attorney tends to file robbery charges instead because
the potential punishment that could be imposed for a Phoenix Robbery conviction
is much greater than that for a theft charge.
Phoenix Robbery Attorney Joshua S. Davidson has handled many robbery cases
as both a criminal defense lawyer and a prosecutor. With his broad experience,
he understands how to identify those robbery cases that have been “overcharged”
by the prosecution and will vigorously defend your rights in court. In
many Phoenix Robbery cases, there is little dispute that the defendant
took property that didn’t belong to them, perhaps even from the
immediate possession of the victim. The legal issue in these cases is
whether the defendant intimidated the victim with violence or threatened
violence to facilitate the theft. In these cases, an experienced criminal
attorney like Joshua S. Davidson will concentrate his defense strategy
on attacking the evidence related to the alleged violence and seek a reduction
of your charges.
Other robbery cases are best challenged by asserting the defense of mistaken
identification. Because most robbery crimes in Phoenix are committed against
victims who are strangers to the defendant, the subsequent identification
of the defendant by the victim is of critical importance to the prosecution’s
case. Sometimes, the police will prepare a photographic line-up containing
several pictures and ask the victim to identify the person who committed
the robbery. If the individual was apprehended shortly after the robbery,
the police may not even bother assembling a line-up and instead just ask
the victim to look at the defendant sitting handcuffed in the back of
a police car and confirm whether he committed the criminal act. Regardless
of what method the police used in your Phoenix robbery case, the identification
may be compromised by police misconduct. For example, the police may prepare
a photographic line-up depicting you with 5 other people who look nothing
like you, or might subtly coach the victim into identifying the person
they have already arrested. Depending on the individual circumstances
of the robbery case, the court may suppress the victim’s identification
if the police tainted the process by engaging in these suggestive tactics.
By conducting a through defense investigation into your robbery case, attorney
Joshua S. Davidson will carefully examine the circumstances surrounding
your identification for any police misconduct or other irregularities.
Joshua S. Davidson will file motions in court seeking the suppression
of any illegally obtained evidence and will aggressively litigate any
pre-trial legal issues that could result in the reduction or dismissal
of your robbery charges.
If you have been charged with robbery in Phoenix, Mesa, Glendale, Tempe
or Scottsdale, you could be facing prison, probation, jail, and a felony
conviction of your record. Do not risk your freedom and your future with
a law firm that will treat you as a number, not a person. Phoenix Robbery
Attorney Joshua S. Davidson personally handles every case and will aggressively
fight to protect your rights.