Robbery - Tulsa Trial Attorney
Client Reviews From Robbery Trials
"Just when I thought all was lost, I hired the dream team. They not only got my case dismissed, but handled my expungement too." c.c.
"NOT ONLY WERE THEY FEROCIOUS IN COURT, BUT THEY TREATED ME AND MY FAMILY WITH KINDNESS AND RESPECT." S.N.
“THEY GOT ME A GOOD OFFER. I TURNED IT DOWN AND SAID I WANTED TO GO TO TRIAL. They treated me with respect and dignity. They aggressively fought for me, and they got a not guilty on my Robbery charge.” D.Z.
Time is of the Essence
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.
Don’t talk and don’t give a statement.
Don’t talk to people in Jail, or to family over the phone about your case.
Every minute you go without an experienced attorney puts you at risk.
Don’t hire just any attorney. make sure they are a successful Trial Attorney.
General Definition of Robbery
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
Other Robbery Charges
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
Robbery with a Dangerous Weapon
Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a minimum period of time of (5) years, at the discretion of the court, or the jury trying the same. 21 O.S. 801
Whenever two people together commit a robbery or where the whole number of persons together commits a robbery and the people present and aiding such robbery amount to two or more, each person shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a minimum of five (5) years and a maximum of fifty (50) years. 21 O.S. 800 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.
Taking Without Knowledge Not Robbery
If a person takes property from another person without clear knowledge that they are doing so, this is not robbery. 21 O.S. 796
Force or Fear Requirement
To constitute robbery, the force or fear must be employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery. 21. O.S 792
Element of Fear
The fear which constitutes robbery may be either:
The fear of an immediate or future injury to the person or property being robbed, or to any of the persons relatives or members of his family.
The fear of an immediate and unlawful injury to the person or property of anyone in the surrounding area at the time of the robbery. 21 O.S 794
Property Value Immaterial
When property is taken under the circumstances that constitute a robbery charge, the fact that the property was of insignificant value does not qualify the offense. 21 O.S. 795
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.