Theft is a generic term for the taking of property that does not belong to you in Tulsa, Oklahoma. But theft comes in all sorts of varieties, from larceny, committed with stealth; to burglary, involving a breaking and entering the property of another with an intent to steal; to robbery with a firearm or general robbery.
While most theft is a crime against property, robbery is a different animal. Robbery is a crime against a person. It puts another person’s health and safety at risk. It is a crime of violence.
What is Robbery in Tulsa?
Robbery in Tulsa is the wrongful taking of another person’s personal property from that person’s body or from the area immediately surrounding that person through the use of force or fear. Okla. Stat. tit.21 § 791
The amount of force or fear used is immaterial to the question of whether a robbery has been committed. Any use of force or fear will do.
However, the use of increased force or fear will cause additional consequences for you if you are convicted.
What is Robbery with a Firearm in Oklahoma?
Robbery with a firearm, or any deadly weapon, is a felony offense in Oklahoma. Okla. Stat. tit. 21 § 801
Robbery is a crime grounded in fear. Use of a deadly weapon creates the possibility of death in the mind of the victim. As such, use of a firearm can expose the perpetrator to the possibility of life in prison.
Armed robbery carries five years to life in prison.
The 85% Rule Applies
Robbery with a firearm, or armed robbery, is a violent crime and the 85% rule applies. Okla. Stat. tit. 21 § 13.1
Under this rule, if you are convicted, you will have to serve 85% of your sentence before you are eligible for parole.
Defenses
In order to be considered a robbery, the force or fear used must be used either to get to keep possession of the property from a person, or to stop or overcome the victim’s resistance to the taking. If the force or fear is used only as a means of escape, it does not constitute robbery. Okla. Stat. tit.21 § 792
While this may feel like a very small distinction, it is a distinction with a difference. Waving a gun as you are running away after you have taken the property, as opposed to pointing it at the victim during the robbery, may be an important fact.
Finally, if the taking occurs without the knowledge of the victim, there is no robbery. A wallet slipped out of the victim’s pocket without their knowledge is still a crime, but it is not robbery. Okla. Stat. tit. 21 § 796
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know has been accused of committing robbery with a firearm in Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa attorney today by calling 918-756-9600.
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