First Degree and Second Degree Robbery - Tulsa Trial Attorneys

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First and foremost, call us right away at 918-884-7791.   Whenever you get arrested on such a serious charge, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.

  1. Don’t talk and don’t give a statement.

  2. Don’t talk to people in Jail, or to family over the phone about your case.

  3. Every minute you go without an experienced attorney puts you at risk.

  4. Don’t hire just any attorney. make sure they are a successful Trial Attorney.eneral Definition of Robber

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

21 O.S. 801

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 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.

Call Us Today - 918-884-7791