In analyzing what constitutes robbery with a firearm Oklahoma, it is important to first understand what robbery is and how it is treated in Okmulgee.
What is Robbery in Okmulgee?
Under Oklahoma law, robbery is defined as the wrongful taking of another person’s personal property from his or her person or from the immediate area of that person through the use of force or fear. It is a very different crime than a simple theft. Okla. Stat. tit. 21 § 791
Even though the perpetrator is taking something from someone else, because fear and force are being used, it is thought of and treated as a crime against a person, not a crime against property. Crimes against people are always treated more harshly under the law than crimes against property.
While the degree of force or fear is immaterial, the force must be used in the taking of the property or to overcome the victim’s resistance. If force is used merely as a means for escape, then no robbery exists.
What is Robbery With a Firearm Oklahoma?
Adding a dangerous weapon to this mix enhances the level of force and fear that a victim suffers. It can also greatly increase the chance of grave bodily injury or death to any and all present at the scene of the robbery.
Any person who robs or attempts a robbery of another in any place that is used by people in any way at any time with the use of a firearm or other dangerous weapon, whether that weapon is loaded or not, is guilty of a felony. Okla. Stat. tit. 21 § 801
It does not matter if the place is inhabited with people at the time or not — if you attempt a robbery with a firearm Oklahoma, you may be found guilty.
It also doesn’t matter if the firearm is real or not. If it is sufficiently real looking to raise fear in the victim, you can be charged under this statute.
Penalty
You can serve from five years to life in prison, at the discretion of the jury or court.
The penalty for robbery with a firearm Oklahoma charges increase with repeated convictions.
85% Rule
Robbery/attempted robbery with a dangerous weapon is one of the violent crimes enumerated under Oklahoma’s 85% rule.
If convicted, you will have to serve at least 85% of your sentence before you can be released.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with robbery with a firearm Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
