Minimizing charges and sentencing are important elements in your defense against armed robbery. Criminal charges can affect many areas of your life, including your freedom. A Phoenix armed robbery defense lawyer can use mitigating factors in an armed robbery case to reduce or lower potential punishments.
Suzuki Law Offices evaluates your charges to determine what elements may be applied to get you a more favorable outcome. We deliver strategies designed to combat the prosecution’s evidence and give you the best chance possible.
Our firm is dedicated to your defense and provides you with top-tier representation so your rights are protected and your side is heard.
Mitigating Factors in an Armed Robbery Case
Mitigating factors in an armed robbery case are circumstances that may serve to lessen the severity of your sentence. It is important to talk with your lawyer about what if any factors might be applicable to your case so your lawyer can include them in your defense. According to ARS §13-701, the state defines mitigating factors as:
- Age
- Cognizance
- Duress
- Minor participation
- Character or background information relevant to the case
In contrast, a case can also involve aggravating factors that may make a crime or punishment more severe. When evaluating a case to determine sentencing, both aggravating and mitigating factors are considered. In the event that a case primarily consists of aggravating factors, sentencing may be more harsh, while the substantial inclusion of mitigating factors in an armed robbery case can reduce the sentence by varying degrees.
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Get StartedThe Impact of Mitigating Factors on Sentencing
Mitigating factors in an armed robbery case can have a significant impact on the outcome of your situation. In addition to reducing the charges you may be facing, they can also help knock some time off prison sentencing, which could be a potential consequence for armed robbery.
According to ARS §13-702, mitigated sentencing for a class 2 felony, such as armed robbery, could be reduced to 3 years for a first-time offender.
For repeat offenders, mitigating factors can still positively affect the amount of time you may be sentenced to serve, but the mitigated sentence lengths increase the more repetitively the crime has been committed.
According to ARS §13-703, mitigated sentencing for a class 2 felony is 3 years for a second offense, 4.5 years for a third offense, and 10.5 years for a fourth offense. Conversely, if more aggravating factors occur, then sentencing can increase for every repeat offense.
Whether it’s a first offense or a repeat offense, the court will view evidence specific to the case each time, and weigh the mitigating and aggravating factors against each other when determining sentencing.
Two or more aggravating or mitigating factors must be present in order for the crime’s minimum or presumptive sentence limits to be increased or reduced, respectively. Your lawyer will also be able to help prepare you for the outcome of your case as they review your situation and strategy with you.
Advantage of Hiring an Armed Robbery Defense Lawyer in Phoenix
It is common to question when to contact Phoenix criminal defense lawyers, and the answer to that is right away. From the moment you are arrested, your first step should be to call a criminal defense lawyer and not talk to the police until your lawyer arrives. This ensures you receive an advocate, and sound legal counsel, and do not hurt your case by saying or doing something that will be used against you at a later date.
Working with a defense lawyer provides you with a powerful ally in the efforts to receive a better outcome for your situation. They have a thorough knowledge of the legal process, court system, language required to argue your case, and extensive connections that can help in the defense and negotiation process. They will also ensure that your rights remain intact throughout the legal process.
Additionally, a lawyer can walk you through your options and help you understand what to expect as legal proceedings commence, as well as the implications on your life and relationships.
They will provide support and guidance as they review and investigate your case, identifying all relevant defenses and mitigating factors in your armed robbery case that can work in your favor. Your criminal defense lawyer has your best interests in mind and will provide unwavering support to ensure you receive fair due diligence.
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Challenging the Prosecution’s Evidence
Another important mechanism to reduce the outcome of your case is how a Phoenix criminal defense lawyer can challenge opposing evidence, which is an important part of the legal process and your defense.
The prosecution must submit the evidence they are using ahead of your trial, and your criminal defense lawyer will be able to use this information to develop your defenses and rebuttals to their argument.
After reviewing the prosecution’s evidence, your lawyer can challenge the following:
- Evidence that has not been properly authenticated
- Violations in the chain of custody
- Threats to your Fourth and Fifth Amendment rights
- Hearsay and relevance
When procedure is not followed properly and violations occur on the part of the prosecution, your lawyer can use these occurrences to get evidence dismissed, and sometimes even your case. Demanding that processes are completed as intended safeguards your rights by making sure that you receive fair treatment and representation.
Having a lawyer on your side ensures you get a fair trial, have a solid defense strategy, and all relevant mitigating factors in an armed robbery case are applied.
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Your Case Is in Good Hands with Suzuki Law Offices
Suzuki Law Offices resolutely works to get you the best outcome for your case, whether that is a dismissal or reduced charges and sentencing.
We are by your side throughout the entire process aggressively fighting for you and guarding your rights. Schedule a free consultation with our firm today and know that your case and future are in good hands with us.
Call or text 602-682-5270 or complete a Free Case Evaluation form
