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 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: 1) 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 2) 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.
The value of the property involved in a robbery does not matter.
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 or Second Degree
The degrees of robbery are defined in 21 O.S. § 797. 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. It is Robbery in the Second Degree when accomplished in any other manner.
Punishment For Robbery
The minimum punishment in the Department of Corrections for Robbery in the First Degree is ten years. The maximum punishment in the Department of Corrections for Robbery in the Second Degree is ten years.
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Current as of: November 20, 2017