Robbery is a violent and confrontational crime. In Claremore, robbery is legally defined as the wrongful taking of another’s personal property from their body or from their immediate surroundings by means of force or fear. Robbery with a firearm is a serious matter in Oklahoma.
The use of force or fear is a requirement and is a hallmark of this crime. It is what differentiates robbery from ordinary theft, and it is what makes robbery such a serious, and often, deadly crime.
First and Second Degree Robbery
Robbery in Oklahoma can be either of the first or second degree.
First degree robbery requires that the perpetrator either inflicts or threatens 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. The amount of force used or fear inflicted is immaterial to the crime.
All other robberies are charged as second degree. It is a felony punishable by a minimum of 10 years in prison. Okla. Stat. tit. 21 § § 797, 798
Robbery with a Firearm: Enhanced Penalties
Using a firearm during the commission of a robbery makes a conviction even more serious. A firearm makes it much more likely that a victim will be seriously injured or killed during the commission of a robbery.
Committing robbery with a firearm puts a victim in fear of immediate death. If convicted of armed robbery, you could face five years to life in prison. Okla. Stat. tit. 21 § 801
If you are convicted of the crime three or more times, the punishment is at least 10 years in prison.
A conviction is possible even if the gun is unloaded and even if the gun used is a toy gun that looks real enough to scare the victim.
In addition, robbery with a firearm is a violent crime in Oklahoma. The crime is subject to the 85% rule. If convicted, you must spend 85% of your sentenced time in jail before becoming eligible for parole. Okla. Stat. tit. 21 § 13.1
If you are facing charges, you can bet that the prosecution will bring their A game. You should, too. Talk to a Claremore lawyer today.
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