Robbery with a Firearm is a Serious Crime in Wagoner, Oklahoma
Robbery in and of itself is a serious crime in Oklahoma. Using a firearm during the commission of a robbery adds years to an already long jail term. Here is what you need to know about robbery with a firearm.
Oklahoma law differentiates theft crimes in many ways. One way it does that is to separate crimes against property from crimes against people. Unlike petty theft, or even burglary, which are crimes against property, robbery by its nature is a crime against a person. Crimes against people are much more serious under the law.
Robbery is defined as the wrongful taking of another’s personal property from that person’s body or from the area immediately surrounding that person using force or fear to intimidate and commit the crime. Okla. Stat. tit. 21 § 791. The use of force and fear to obtain the property are integral components of the crime. Robbery already involves a threat of immediate bodily harm to the victim. Using any dangerous weapon, such as a firearm, makes it much more likely that the victim will be injured or killed.
Compare that to burglary or petty theft, which are theft crimes grounded in stealth. With those crimes, usually, the victim does not know that the property is being stolen. Using a firearm to forcefully take the property of another however is a much more dangerous situation for the victim and Oklahoma treats it seriously.
Although the amount of force used is immaterial to being charged with the crime of robbery, its presence escalates the nature of the crime and its penalties. The more serious the force or threat, the longer you will spend incarcerated if you are convicted. If you are being investigated for this crime, you need an experienced Wagoner felony defense attorney to represent you.
Oklahoma classifies robbery as of the first or second degree. Robbery can be charged in a number of ways, all with varying penalties. But if you are facing a charge of robbery, it is important that you know that all robbery, no matter how it is charged, is considered a felony in Oklahoma. If convicted, you will face mandatory jail time.
Robbery in the first degree entails the infliction or threat of serious bodily injury upon the victim during the commission of the crime. It is a felony punishable by not less than 10 years. Okla. Stat. tit. 21 § 798. Adding a firearm the commission of the crime escalates the penalties.
The use of fear is a critical component of robbery, and that is especially true of any sort of armed robbery. Committing robbery with a firearm puts the victim in fear of immediate death. If convicted of armed robbery, you could face as much as life in jail. Okla. Stat. tit. 21 § 801. Most people do not realize it, but this is true even if the gun is a toy that looks real enough to scare the victim, and even if the gun is not loaded.
Armed Robbery is Subject to the 85 Percent Rule
Oklahoma treats violent crimes harshly. Robbery with a firearm is a violent crime. In Oklahoma, it is subject to the 85 percent rule. If convicted, you must spend 85 percent of your sentenced time in jail before becoming eligible for parole. Okla. Stat. tit. 21 § 13.1. For a life term, this is most certainly not less than 20 years. If convicted, you could spend most of the rest of your life in prison.
If you are being charged with this crime, you must hire an experienced Wagoner felony defense attorney as soon as possible. It is critical to have an attorney on your side who not only knows the law, but who knows the judges you will face. And above all, do not talk to the police without an attorney present. Their job is to help convict you. Do not make their job easier.
Call For Your Free Consultation With an Experienced Felony Defense Attorney
Call us today for a free consultation with an experienced Wagoner felony defense attorney. Call the 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 of this page and one of our attorneys will get right back to you.