Robbery: A Serious Crime With Serious Time
We oftenthink about theft as a crime of stealth. And many types of theft involve stealth. But robbery is different. It is confrontational by nature and often involves violence or the threat of violence. People are more often hurt in a robbery than in simple theft — sometimes they are even killed. That makes robbery a crime against a person instead of a simple crime against property. Here is what you need to know about the crime of conjoint robbery in Oklahoma.
Robbery is defined as the wrongful taking of another’s personal property from that person’s body or from the immediate surrounding area by means of force or fear. Okla. Stat. tit. 21 § 791
The use of force or fear in the taking of the object or in keeping it is a requirement of the crime. Okla. Stat. tit. 21 § 792
The addition of a deadly or dangerous weapon can be used to induce force or fear, but simply size, bulk, and physical intimidation are often enough. The amount of force used is not important. Any force is sufficient. Okla. Stat. tit. 21 § 793
If the force or fear are used in the escape after the object is already in the defendant’s possession, the elements of the crime of robbery will not be met and there will be no conviction.
What is Conjoint Robbery and How is it Prosecuted?
Whenever two or more persons conjointly commit a robbery, the crime is a felony and if convicted, you could serve anywhere from 5 to 50 years in prison. Okla. Stat. tit. 21 § 800
Here are the elements of conjoint robbery. Each one of these elements must be proven in order for a conviction. Even if just one element is missing, there will be no conviction.
- wrongful;
- taking;
- carrying away;
- personal property;
- of another;
- from the person or the immediate presence of another;
- by force or fear;
- committed by two or more persons.
OUJI-CR 4-143
This is a felony. First-degree robbery and second-degree robbery are lesser included offenses of conjoint robbery.
In first-degree robbery, the assailant either inflicts or threatens serious bodily, or puts the victims in fear of immediate serious bodily injury, or commits or threatens to commit a felony against a person. All other robberies are charged in the second degree. Okla. Stat. tit. 21 § 797
The 85% Rule Applies to Conjoint Robbery
This is one of the crimes specified in Oklahoma’s 85% rule. Okla. Stat. tit. 21 § 13.1
Oklahoma makes sure that if you are convicted, that you will spend many years in prison. If convicted of conjoint robbery, you will have to serve 85% of your prison sentence before you are released. That means that you could face up to 42 years in prison.
This is not a crime to try to handle on your own. It is vital that, if charged, that you hire an attorney who will protect your freedom and help you build a strong defense.
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