Aggravated Robbery in Arizona: ARS 13-1903

Posted on January 23, 2026 in Assault & Violent Crimes

Robbery is already a serious felony offense in Arizona. When it is committed with one or more accomplices, it becomes aggravated robbery under Arizona Revised Statutes (ARS) Section 13-1903.

Aggravated robbery is a Class 3 felony in Arizona.

AZ Defenders represents people charged with robbery and aggravated robbery in Arizona. If you have been charged with aggravated robbery, call us at (480) 456-6400 or contact us online to talk with an experienced Arizona criminal defense lawyer.

How Arizona Law Defines Aggravated Robbery

ARS 13-1903 is a short statute. Here it is in full:

Aggravated robbery; classification

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.

So, there are three basic elements of the offense of aggravated robbery:

1. You must be committing the crime of robbery, as it is defined in ARS 13-1902.
   
2. You must have at least one accomplice while committing the robbery.
   
3. One or more of these accomplices must be actually present during the commission of the robbery.

What is Robbery in Arizona?

Simply stated, under ARS 13-1902, the Class 4 felony crime of robbery in Arizona means taking another person’s property against that person’s will, either from the person of that individual or in that person’s immediate presence, by using force or the threat of force as a means of coercion.

The key distinction between robbery and theft is that robbery is “personal” in nature: unlike theft, which can occur when the victim is unaware, in a robbery, the victim knows at the time of the crime that he or she is the victim of theft, but is letting it happen out of fear of violence by the person committing the act.

A key distinction between robbery and aggravated robbery is that a robbery is a solo crime, while aggravated robbery cases involve the robber acting with at least one other person who serves as an accomplice to the crime.

Who is an Accomplice?

Under ARS 13-301, an accomplice is someone who intentionally does any of the following:

• Solicits or commands another person to commit an offense
  
• Aids, counsels, agrees to aid, or attempts to aid another person in planning or committing an offense
  
• Provides means or opportunity to another person to commit the offense

To be an accomplice in an aggravated robbery, a person must be physically present at the scene of the crime and engage in one of these behaviors. Examples of accomplice actions during a robbery include:

• Acting as a lookout to aid in the robbery
  
• Encouraging or directing another person to commit the robbery
  
• Giving a weapon to another person to use in coercing the victim of the robbery
  
• Helping to intimidate the victim by making threats of violence while another person is committing a robbery

What is Not Accomplice Behavior in a Robbery?

Helping to plan the robbery without being present during its commission can be accomplice behavior, but it does not qualify as aggravated robbery because the accomplice is not actually present.

These kinds of behavior may constitute other crimes, like conspiracy or accessory after the fact, but the important consideration for aggravated robbery is that the accomplice must be actually present and acting as an accomplice while the robbery is happening.

Distinguish Aggravated Robbery from Armed Robbery Charges

Armed robbery under ARS 13-1904 is different from aggravated robbery in two key ways:

• Armed robbery involves the possession or use of a deadly weapon, or of a simulated deadly weapon, or a dangerous instrument. Aggravated robbery does not.
  
• Armed robbery does not require the actual presence of an accomplice. It can be done by a solo offender.

What are the Potential Penalties for Aggravated Robbery?

As a Class 3 felony offense, the sentence for aggravated robbery depends in part on whether it is a first offense or if you have any prior felony convictions, and whether any aggravating or mitigating factors exist.

• A first offense carries a prison term of 2 years (mitigated sentence) up to 8.75 years (with aggravating factors). A first offense is probation-eligible.
  
• A conviction for aggravated robbery with one “historical prior felony conviction” carries a prison sentence from 3.25 years for a mitigated sentence up to 16.25 years for an aggravated one. Probation is not eligible.
  
• A conviction for aggravated robbery with two or more “historical prior felony convictions” carries a prison sentence from 7.5 years for a mitigated sentence up to 25 years for an aggravated sentence. Probation is not eligible.
  
• If a person convicted of aggravated robbery has been previously convicted of two or more violent or aggravated felonies committed on separate occasions within 15 years of the third conviction (not including time spent in custody or on probation for an offense or while the person is an absconder), the sentence can be life in prison.
  
  This life sentence is not eligible for suspension of sentence, probation, pardon, or release on any basis except that the person may be eligible for commutation after he has served at least thirty-five years.

Aggravated robbery convictions with any prior felony convictions are not probation-eligible.

Convictions for aggravated robbery are also subject to restitution and a fine of up to $150,000.

What are Defenses to an Aggravated Robbery Charge?

Depending on the circumstances of the alleged incident, one or more possible legal defenses may be available to a charge of aggravated robbery in Arizona. Examples of these defenses include:

• No accomplice was actually present during the commission of the alleged criminal act.
  This may still result in a robbery conviction, but will reduce the possible penalty to a Class 4 felony instead of a Class 3 felony.
  
• The defendant had a rightful claim to the property being taken.
  
• The defendant was a victim of mistaken identity.
  
• The defendant can show that the alleged accomplice or accomplices were not actually present at the place of the alleged robbery.
  
• The alleged accomplice or accomplices lacked the intent to act as accomplices under Arizona law.
  
• The prosecution’s case is based on evidence improperly obtained or preserved in the chain of custody.
  
• The police violated your constitutional rights.

These are not all the possible defenses that may be available. An experienced Arizona criminal defense lawyer can identify the best defense strategy for aggravated robbery charges against you.

Have You Been Charged with Aggravated Robbery in Arizona?

As a Class 3 felony, aggravated robbery is a crime that carries significant incarceration and financial penalties. A felony conviction is a permanent criminal record.

Some specific consequences you may face after an aggravated robbery conviction include:

• You may lose your right to vote, serve on a jury, obtain a commercial driver’s license, possess a gun, or join the U.S. armed forces.
  
• Even if your right to carry a weapon is restored, you will be permanently banned from receiving a concealed weapon permit.

At AZ Defenders, our criminal defense attorneys have over one hundred and fifty years of combined experience representing Arizona residents accused of theft crimes, including robbery and aggravated robbery. Our Phoenix aggravated robbery lawyers have a proven track record of winning cases and are recognized as among the most aggressive criminal defense attorneys in the state.

If you are facing an aggravated robbery charge, call AZ Defenders at (480) 456-6400 to schedule your free theft crime case evaluation. You can also use our contact form to set up a free consultation with us.