Robbery in Oklahoma is violent and confrontational in its nature.
In Tulsa, Oklahoma, it is defined as the wrongful taking of another’s personal property from that person’s body or from their immediate surroundings by means of force or fear. Okla. Stat. tit. 21 § 791
The use of force or fear is a requirement for the crime and makes this a crime against a person rather than one of ordinary theft. The amount of force used is immaterial, but its presence makes this a more serious crime. Hence, the penalties for robbery of all types in Oklahoma are harsh.
In order to be considered a robbery, the force or fear used must be used either to get and keep possession of the property from a person, or to stop or overcome resistance to the taking. If the force or fear is used only as a means of escape, it does not constitute robbery. Okla. Stat. tit. 21 § 792
Thus, the question of exactly what occurred and the order of the actions of all parties involved is critical to the criminal defense against a charge of robbery in Oklahoma.
Robbery in Oklahoma Defined
Robbery in Oklahoma can be either of the first or second degree.
In first-degree robbery, the assailant inflicts or threatens serious bodily injury, puts the victim in fear of immediate serious bodily injury, or commits or threatens to commit a felony against a person.
All other robberies are charged as second degree. Okla. Stat. tit. 21 § 797
The minimum sentence for first-degree robbery is 10 years in prison. Okla. Stat. tit. 21 § 798
Someone convicted of second-degree robbery in Oklahoma could spend up to 10 years in prison. Okla. Stat. tit. 21 § 799
What is Armed Robbery in Oklahoma?
Using a firearm during the commission of a robbery in Oklahoma is an even more serious crime.
Robbery already involves a threat of immediate bodily harm to the victim. Using any dangerous weapon, such as a firearm, makes it much more likely that the victim will be injured or killed.
Although the amount of force used is immaterial to the crime itself, its presence escalates the nature of the crime and its penalties. The more serious the force or threat, the longer the prison term upon conviction.
Using a firearm puts the victim in fear of immediate death. Most people do not realize it, but this is true even if the gun is a toy that looks real enough to scare the victim—and even if the gun is not loaded.
If convicted of armed robbery, you could face up to life in prison. Okla. Stat. tit. 21 § 801
The 85% Rule
Robbery with a firearm is a violent crime. Thus, it is subject to Oklahoma’s 85% rule. If convicted, you must spend 85% of your sentenced time in prison before becoming eligible for parole. Okla. Stat. tit. 21 § 13.1
In other words, if you are sentenced to life in prison for armed robbery in Oklahoma, you will spend at least 20 years in custody before being considered for release.
Conjoint Robbery Compared
Whenever two or more persons conjointly commit a robbery, it is a felony offense punishable by 5 to 50 years in prison. Okla. Stat. tit. 21 § 800
Conjoint robbery is also subject to the 85% rule.
Strategy Session: Tulsa Criminal Defense Attorney
If you are being charged with a robbery in Oklahoma, it is important that you hire an experienced Tulsa criminal defense attorney. Robbery convictions can carry serious consequences.
Only a local attorney will know the court system and judges in the area. Do not delay. Our initial consultation is free.
Call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.
We pride ourselves on providing our clients with excellent representation at reasonable prices.
