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ROBBERY

The public has always had a fascination with bank/train robbers and outlaws.  From Jesse James to Bonny and Clyde Americans have both feared and idolized these larger than life characters.  Movies have been made and it is not uncommon to see children playing cops and robbers in the neighborhood.

In Oklahoma, being charged with a robbery is far from the glorified experience that is portrayed in the movies. Special teams of prosecutors have been formed with the sole purpose of putting “violent“ robbers away and they are often successful.  Prosecutors often ask for outrageous bond amounts that leave a person locked away while their case is pending and the plea offer usually involves lengthy prison sentences (85% of sentence to be served in prison at a minimum).  That is why it is imperative you have an experienced criminal defense attorney who has successfully defended numerous robbery charges.  Having an experienced attorney in your corner will greatly increase your odds of successfully defending your case or acquiring a favorable plea deal.  There are several forms of robbery. 


ROBBERY FIRST DEGREE

21 O.S.791 ROBBERY

Robbery is a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

21 O.S. 797 ROBBERY - FIRST DEGREE – SECOND DEGREE

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.

When accomplished in any other manner, it is robbery in the second degree.

21 O.S. 798 - ROBBERY FIRST DEGREE – PUNISHMENT

Any person guilty of robbery in the first degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not less than ten (10) years.*

* Several cases and subsequent statutory provisions have impliedly reduced the minimum to five (5) years even though the statute still says the minimum is 10 years, James v. State, 97 Okl. Cr. 355, 264 P.2d 395 (1953); Ridgeway v. State, 54 Okl. Cr. 388, 22 P.2d 932 (1933).  

*you must serve 85% of any sentence before being eligible for parole.
 

SECOND DEGREE ROBBERY

21 O.S. 797 ROBBERY - FIRST DEGREE – SECOND DEGREE

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.

When accomplished in any other manner, it is robbery in the second degree.

21 O.S. 799 - ROBBERY SECOND DEGREE - PUNISHMENT

Any person guilty of robbery in the second degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.

 

CONJOINT ROBBERY

21 O.S. 800 ROBBERY COMMITTED BY 2 OR MORE PERSONS - PENALTY

Whenever two or more persons conjointly commit a robbery or where the whole number of persons conjointly commits a robbery and persons present and aiding such robbery amount to two or more, each and either of such persons shall be guilty of a felony punishable by imprisonment in the State Penitentiary for not less than five (5) years nor more than fifty (50) years.

 

ROBBERY WITH A DANGEROUS WEAPON

 21 O.S. 801 ROBBERY OR ATTEMPTED ROBBERY WITH DANGEROUS WEAPON OR IMITATION FIREARM – PENALTY

Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time not less than five (5) years, at the discretion of the court, or the jury trying the same.

Upon conviction therefor, any person guilty of three separate and distinct felonies, in violation of this section shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than ten (10) years, and it is mandatory upon the court to impose no less than the minimum sentence of ten (10) years. The sentence imposed upon such person shall not be reduced to less than ten (10) calendar years, nor suspended, nor shall any person be eligible for probation or parole or receive any deduction from his sentence for good conduct until he shall have served ten (10) calendar years of such sentence.


LARCENY FROM A PERSON

21 O.S. 1704 GRAND LARCENY AND PETIT LARCENY – DEFINITIONS

Grand larceny is larceny committed in either of the following cases:

1. When the property taken is of value exceeding One Thousand Dollars ($1,000.00); or

2. When such property, although not of value exceeding One Thousand Dollars ($1,000.00), is taken from the person of another.

Larceny in other cases is petit larceny. 

 

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