Definition of Robbery in Oklahoma
- Force – When force is employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking, then the degree of force employed does not matter. If force or fear is employed as a means of escape, then it does not constitute robbery.
- Fear – Fear must also be employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking. The fear that constitutes robbery may be either:
- the fear of an unlawful injury, immediate or future, to the person or property of the person robbed or of any relative of his, or member of his family; or
- the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed, at the time of the robbery.
- Value – The value of the property involved in a robbery doesn’t matter.
- Knowledge – The taking of property from the person of another is not robbery when it clearly appears that the taking was fully completed without his or her knowledge.
Robbery In The First Degree
Robbery in the First Degree is when, in the course of committing the theft, the defendant:
- inflicts serious bodily injury upon the person;
- threatens a person with immediate serious bodily injury;
- intentionally puts a person in fear of immediate serious bodily injury; or
- commits or threatens to commit a felony upon the person.
Robbery In The Second Degree
Robbery in the Second Degree occurs when the robbery is accomplished in a manner other than one required for first degree robbery. The maximum punishment in the Department of Corrections for Robbery in the Second Degree is ten years. This is considered a violent crime.
Robbery With a Dangerous Weapon or Imitation Firearm
Robbery with a dangerous weapon or imitation firearm occurs when the defendant commits a robbery with the use of any firearms or any other dangerous weapons. It doesn’t matter whether the firearm is loaded or not. A violation of this law also occurs if the defendant uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it’s a real firearm. The minimum punishment in the Department of Corrections is five years. This is considered a violent crime and is an 85% crime.
Conjoint robbery is when two or more people work together to commit a robbery. The range of punishment in the Department of Corrections is 5–50 years. This is considered a violent crime and is an 85% crime.
Robbery of a Controlled Dangerous Substance
Robbery or attempted robbery of controlled dangerous substances from a practitioner, manufacturer, distributor, or agent or any of those people is a felony. The minimum punishment in the Department of Corrections is five years. A second or subsequent conviction for this crime carries a penalty of up to life in prison. Any conviction for this crime is ineligible for probation, including deferred and suspended sentences.
Defense Strategies in a Robbery Case
The first step in defending robbery charges is to look at the elements of the crime. Was the taking of personal property wrongful? Was it carried away? Was it from the immediate presence of another? Was the victim put in fear? Was the taking forceful? Did the defendant threaten serious bodily injury? Did the defendant commit or threaten to commit a felony upon the victim? Other defenses include:
- Didn’t do it
- You actually owned the property
- Lack of evidence
- Victim never knew the property was taken
- Mistaken identity
Current as of March 23, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.