Robbery in Oklahoma is the theft of personal property when the victim is present. The theft is committed in the victim’s presence or on their person. Robbery differs from burglary in that the latter does not involve the victim’s presence.
Title 21 of the Oklahoma Statutes governs robbery in Oklahoma City. The crime carries severe penalties and is tried as a felony offense.
Elements of Robbery in Oklahoma
To get a conviction on a robbery charge, the prosecutor must prove the following elements beyond a reasonable doubt:
- The defendant engaged in actions that involved wrongfully taking another person’s property.
- The action being described as robbery was carried out in the victim’s presence, or on their person. If the theft was carried out in the victim’s absence, it is not a robbery by definition under Oklahoma law.
- The taking of personal property was against the victim’s wishes. The victim must not have in any way given the defendant what is considered stolen.
- The wrongful taking of another person’s personal property was accomplished by instilling fear or by the use of force on the victim.
While it may mistakenly appear easy to discount any one of the elements above, not every person can successfully defend himself or herself against robbery charges in court. You will require a legal expert to defend you in court when you face a tough Oklahoma City prosecutor who has charged you with robbery.
Is it First or Second Degree Robbery?
If robbery is committed and another felony is committed against the victim at the same time, a prosecutor will try to obtain a conviction of robbery in the first degree.
Also, if the defendant threatened the infliction of or caused serious bodily harm to the victim during the commission of the theft, it will be considered robbery in the first degree. If the injury was not serious, then the crime will be considered robbery in the second degree. Okla. Stat. tit. 21 § 797
For instance, if a defendant stabbed a victim while robbing them, then a conviction of first-degree robbery will be sought. Grabbing a mobile device from the hand of a victim and causing them to trip and fall in the process will be treated as second-degree robbery.
As well, holding a knife while grabbing something from a victim will be treated as first-degree robbery. Such a robbery involves instilling in the victim the fear of serious bodily harm.
The distinction is significant, because both crimes carry significantly different penalties.
Penalties for Robbery
A defendant convicted of first-degree robbery faces a minimum of 10 years in prison. Okla. Stat. tit. 21 § 798
A conviction of second-degree robbery charges carries a sentence of between 1 and 10 years in prison. Okla. Stat. tit. 21 § 799
The consequences of a conviction on robbery charges can be quite severe. If you are facing robbery charges, an experienced attorney can help you get a fighting chance in court.
Initial Consultation: Oklahoma City Criminal Defense Attorney
There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions. Do not let police or prosecutors tell you what’s best for you, talk to a criminal defense attorney in Oklahoma City whose business is to protect the interests of people in your position.
If you’ve been accused of a crime, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW).
If you prefer, send your question directly to an Oklahoma City criminal defense attorney by using the contact form at the top right side of this page.
All inquiries are confidential.