Robbery is inherently a violent crime against a person. Oklahoma law treats a robbery as more severe if it is committed using a dangerous weapon such as a firearm. Robbery with a dangerous weapon weapon in Oklahoma is considered a serious crime because of the grave threat and fear posed to those at the scene of the crime. It does not matter if the firearm used is an imitation one or is unloaded.
Robbery with a Dangerous Weapon in Oklahoma FAQs
Oklahoma law defines robbery as the unlawful taking of the personal property of another from their person or the area immediately surrounding that person by use of force or by instilling fear. Okla. Stat. tit. 21 § 791
However, force or fear must be used in the taking of an item or to overcome the victim’s resistance to the taking of their property for a theft crime to be defined as robbery. If force or fear is used to escape, the offense is not defined as robbery under Oklahoma law.
The amount of fear or force used is not material in determining if a crime is a robbery. Even a little force is sufficient to meet the requirement for this crime. For example, if a robber towers menacingly over their victim, fear or the threat of force may be considered to have been used to commit the theft.
Using a firearm to commit a robbery instills the fear of death or grave harm in victims. The law treats robbery with a gun more seriously than when there is no firearm because of the significant threat to victims. The law does not differentiate between a theft in which an imitation weapon is used and one in which a real firearm is used.
The fear instilled in victims is regarded as the same, even if the firearm is an imitation one or unloaded. A robbery can be committed anywhere, such as a person’s residence, place of business, bank, or any place usually occupied by people. Okla. Stat. tit. 21 § 801
Elements of the Crime
The prosecutor must prove the following eight elements of the crime beyond a shadow of a doubt to obtain a conviction on charges of robbery by the use of a dangerous weapon.
- The unlawful
- taking and
- carrying away
- the personal property
- of another
- from their person or immediate presence of another
- by force or fear
- by use of a dangerous weapon such as a firearm or an imitation of such a weapon that raises fear in the victim that the imitation weapon is a real one.
OUJI-CR 4-144
Penalties for Robbery with a Dangerous Weapon in Oklahoma
Robbery with a dangerous weapon carries harsh punishment if convicted and does not have any option of fines. A defendant faces between five years and life in prison if found guilty of robbery with a gun or other deadly weapon. Okla. Stat. tit. 21 § 801
If convicted a third time for this crime, a defendant faces a minimum of 10 years in prison. A sentence handed to a defendant who has had three other convictions cannot be reduced from a minimum of 10 years. Also, this sentence is not eligible for a suspended or deferred sentence or probation.
Are you facing charges of robbery with a dangerous weapon? You need to seek legal advice immediately.
Let an expert Tulsa criminal attorney assist you in determining the way forward in your case. Do not take chances with your defense. Talk to an experienced lawyer who will stand up for you so that you do not end up helping the prosecution build a case against you.
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