First Degree and Second Degree Robbery - Tulsa Trial Attorneys
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Robbery - Definition
Robbery is a wrongful taking of personal property from another person. The property can be on the person, or just in their immediate presence. The taking of the property must be against the will of the owner and by means of force or fear. 21 O.S. 791
First Degree Robbery
Robbery in the first degree is when, in the course of committing the theft, the defendant:
Inflicts serious bodily injury upon the person;
Threatens a person with immediate serious bodily injury;
Intentionally puts a person in fear of immediate serious bodily injury; or
Commits or threatens to commit a felony upon the person. 21 O.S. 797
Any person guilty of robbery in the first degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a minimum of ten (10) years. 21 O.S. 798 This is also considered a violent crime and if convicted of this violent crime the defendant will serve 85% of their incarceration time before accruing any credits or being eligible for parole.
Second Degree Robbery
When accomplished in any other manner, it is robbery in the second degree. 21 O.S. 797
The elements of second-degree robbery are identical to the elements of first-degree robbery, except for the seventh element. The seventh element indicates that the means used to obtain the property can be force or fear. Although the district attorney would usually choose to prosecute for first-degree robbery if force were used, the conviction for second-degree robbery should stand if the evidence indicates the use of force. Moreover, the fear which establishes second-degree robbery is not limited to fear of immediate injury, as is the case with robbery in the first degree. Any definition of fear as given by section 794 is sufficient to support a conviction for robbery in the second degree. Second-degree robbery is, therefore, a lesser included offense of first-degree robbery.
Any person guilty of robbery in the second degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a maximum of ten (10) years. 21 O.S. 799
Other Robbery Charges
First Degree and Second Degree Robbery
First Degree and Second Degree Robbery Litigation Expertise
You need an attorney who not only knows the law, but also knows how to cross-examine alleged victims and witnesses that have a motive to lie. Let Boeheim Freeman Law’s expertise in cross examination and forensics make the difference in your case.