In Oklahoma, Robbery Requires Force or Fear
Robbery is a violent and confrontational crime that depends on the presence of force or fear. In Oklahoma, the crime is defined as the wrongful taking of another person’s personal property either from that person’s body or from their immediate surroundings, using either force or fear to achieve the taking. Okla. Stat. tit. 21 § 791. Force or fear is a requirement of the crime and its presence makes this a more serious crime than simple theft.
The amount of force used is immaterial. Even if there is a very small amount of force present, but it instills fear in the victim, the crime escalates from a simple theft to robbery.
Likewise, unlike picking a pocket which relies on stealth, in robbery if the victim is unaware of the taking, there is no robbery. The crime depends on the force used or threatened in the taking.
Difference Between First and Second Degree Robbery
Robbery in Oklahoma can be either of the first or second degree. In first degree robbery, the assailant inflicts or threatens or inflicts serious bodily injury, or puts the victim in fear of immediate serious bodily injury, or commits or threatens to commit a felony against a person. OUJI-CR 4-141. It is a felony punishable by not less than 10 years. Okla. Stat. tit. 21 § 798.
All other robberies are charged as second degree. Okla. Stat. tit. 21 § 797. The difference between first and second degree robbery can be confusing. The only difference between the two crimes is the amount of force and the immediacy of the threat made and perceived by the victim. In first degree robbery, the threat and the fear is of immediate injury. In the second degree, the fear is not limited to fear of immediate injury. Second degree robbery is a lesser included offense of first degree robbery.
Second degree robbery is also a felony and is punishable by as many as 10 years in prison.
Adding a dangerous or deadly weapon makes this crime more serious. In armed robbery, the likelihood of injury or death to the victim is much greater. As such, it is considered to be a violent felony. In Oklahoma, it is defined as using any firearm or other dangerous weapon – whether loaded or not – in the taking, or using an imitation of a dangerous weapon such that puts the victim in fear that it is a real firearm. A conviction can mean a prison sentence from as few as five years to a life sentence. Okla. Stat. tit. 21 § 801.
Armed Robbery is Subject to the 85 Percent Rule
Robbery with a firearm is a violent crime and in Oklahoma, it is subject to the 85 percent rule. If convicted, you must spend 85 percent of your sentenced time in jail before becoming eligible for parole. Okla. Stat. tit. 21 § 13.1. 85 percent of a life term is most certainly in excess of 20 years.
The punishments for this crime are harsh, especially if a weapon is involved. But there are defenses available to you that you should explore with an experienced Claremore criminal defense attorney. In this crime small details are important. The chronology of events and who said what can be instrumental in building a defense if you are charged.
Free Consultation With An Experienced Claremore Criminal Defense Attorney
Your freedom is important and a felony conviction will change the course of your life. We at the Claremore Lawyer pride ourselves on providing the best legal representation at reasonable rates. Don’t delay. Call us today. And the initial consultation is free. Call us at (918) 213-0950. If you prefer written correspondence, submit your question using the form at the top right of this page.