We have all seen police shows in which a perpetrator pulls out a gun, points it at a victim, and demands their money. However, seeing it on TV and understanding the crime legally are two very different things. Here is what you need to know about the crime of robbery with a firearm in Tahlequah, Oklahoma.
Defining Robbery In Oklahoma
By its nature, robbery is based on confrontation and the threat of violence. In Tahlequah, basic robbery is legally defined as the wrongful taking of another’s personal property from their body or from their immediate surroundings by means of force or fear. Okla. Stat. tit. 21 § 791
The use of force or fear is a requirement of the crime and is the reason that Oklahoma authorities treat this crime seriously. Adding a firearm to the mix almost always makes the risk of injury or death to the victim much higher. Therefore, the penalty for robbery with a firearm is quite severe.
Understanding Robbery In The First Degree
Tahlequah, Oklahoma robbery can be either of the first or second degree. First-degree robbery requires that the perpetrator either inflicts or threatens serious bodily injury; puts the victim in fear of immediate serious bodily injury; or commits or threatens to commit a felony against a person.
The amount of force used or fear inflicted is immaterial to the crime. The presence of force or fear is all that is needed.
All other robberies are charged as second degree. This is a felony punishable by a minimum of 10 years in prison. Okla. Stat. tit. 21 §§ 797 and 798.
Understanding Robbery With A Dangerous Weapon
Oklahoma law states that any person who, with the use of any firearm (loaded or not), any other dangerous weapon, or a blank or imitation firearm which causes the victim to believe it is real, attempts to rob or robs any person, place of business, residence, banking institution, or any other place inhabited or attended by any person at any time, is guilty of a felony. Okla. Stat. tit. 21 § 801
The crime is one against another person whether it occurs on the street or in a building.
Elements of the Crime
All of the elements of the crime must be proven by the prosecution beyond a reasonable doubt. Here are the elements of this crime:
- taking and
- carrying away
- the personal property
- of another
- from the person of or the immediate presence of another
- by force or fear
- through the use of a loaded or unloaded firearm, a blank or imitation firearm which causes the victim to believe it is a real, or a dangerous weapon.
Robbery With a Firearm: Enhanced Penalties
All robberies with firearms or dangerous weapons are aggravated robberies with enhanced penalties. If convicted on a first offense, the minimum sentence is five years in prison.
Any person guilty of three separate and distinct felonies in violation of this law may be sentenced to anywhere from 10 years to life in prison. The sentence may not be reduced to less than 10 years and is not eligible for sentence reduction for good behavior or parole.
In addition, robbery with a firearm is a violent crime in Oklahoma. The crime is subject to the 85% rule. If convicted, you must serve 85% of your sentence before becoming eligible for parole. Okla. Stat. tit. 21 § 13.1
If you are facing charges, you will need the help of an experienced Tahlequah attorney.
Free Consultation: Tahlequah Criminal Defense Lawyer
Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you’ve been charged with robbery with a firearm.
For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.