Robbery in Wagoner is defined under Okla. Stat. tit. 21 §28 as the “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.”
The element of force or fear is vital to the charge of robbery. In other words, the person committing robbery must use force or fear to obtain or keep the property of another person or to prevent the other person from fighting to keep the property.
The level of force used is not material; therefore, any level of force used to obtain and keep the property is sufficient. The Oklahoma robbery statutes define fear as:
- Fear of immediate or future injury to the person being robbed.
- Fear of immediate or future injury to the person’s property.
- Fear of immediate or future injury to the person or property of any relative of the person being robbed.
- Fear of immediate injury to the person or property of anyone in the company of the person being robbed.
An experienced Wagoner robbery defense lawyer will investigate to determine if the force or fear element applies in your case.
Robbery in Wagoner in the First Degree
In order for the State to prove that a defendant is guilty of robbery in the first-degree, the prosecution must prove all eight of the following elements beyond a reasonable doubt:
- The wrongful (2) taking and (3) carrying away (4) items of personal property (5) of another person (6) from that person or within his or her immediate presence (7) and that during the robbery (8) the defendant inflicted serious bodily injury, threatened serious bodily injury or committed/threatened to commit a felony.
A Wagoner, Oklahoma criminal defense attorney will use reasonable doubt to convince a jury that the State has failed to prove one or more of the above elements. If the attorney is able to case reasonable doubt on just one of the elements, the defendant cannot be convicted of first-degree robbery in Wagoner.
Robbery in Wagoner in the Second Degree
The first six elements of second-degree robbery are the same as the elements of first-degree robbery in Wagoner. However, the seventh element of second-degree robbery simply states that the defendant used force or fear.
Again, the State must prove all seven elements beyond a reasonable doubt. A Wagoner criminal defense lawyer can easily overcome the charge by casting reasonable doubt on any one of the seven elements.
Second-degree robbery is a lesser charge because the defendant only needs to use any force or fear as defined by the statutes. The fear or force used does not need to rise to the level of immediate “serious” injury or a felony as required in element eight of first-degree robbery. Any definition of fear can result in a conviction of second-degree murder.
Penalties for Robbery in Wagoner
The penalties for robbery are very serious in Wagoner, OK. That is why you must retain an experienced Wagoner felony attorney, especially if you are charged with first-degree robbery, to represent you in court.
First-degree robbery is a felony in Oklahoma. A defendant found guilty of first-degree robbery will be sentenced to no less than 10 years in a State Penitentiary. If convicted on a charge of second-degree robbery, the defendant must serve no more than 10 years in a State Penitentiary.
Initial Strategy Session: Wagoner Criminal Defense Attorney
For a low-cost consultation with a Wagoner, Oklahoma robbery defense lawyer, call Wirth Law Office – Wagoner at (918) 485-0335 (or toll free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.
