The Urbanic Law Firm

Robbery in Oklahoma – Law & Punishments

Definition of Robbery in Oklahoma

Robbery in Oklahoma is defined as the wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

The following are the necessary components for a robbery charge:
 

Robbery In The First Degree

Robbery in the First Degree is when, in the course of committing the theft, the defendant:

  1. inflicts serious bodily injury upon the person;
  2. threatens a person with immediate serious bodily injury;
  3. intentionally puts a person in fear of immediate serious bodily injury; or
  4. commits or threatens to commit a felony upon the person.

The minimum punishment in the Department of Corrections for Robbery in the First Degree is ten years. This is considered a violent crime and is an 85% crime.

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

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:

Sources: 21 O.S. § 800, 21 O.S. § 801, 21 O.S. § 791, 21 O.S. § 792, 21 O.S. § 793, 21 O.S. § 794, 21 O.S. § 795, 21 O.S. § 796, 21 O.S. § 797, 21 O.S. § 798, 63 O.S. 2-403, & 21 O.S. § 799

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.

Charged with robbery in Oklahoma? Call Oklahoma robbery lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420