Robbery in Oklahoma

If you are accused of robbery, there could be very significant penalties at stake. While most theft crimes are considered property crimes, robbery is considered a violent crime against the person.  Depending on the type of robbery with which you are charged, you could be facing up to life in prison.

What is Robbery?

Someone who discovers their property missing may say they have been “robbed.”  This is actually larceny or burglary.  While larceny and burglary generally depend upon stealth, robbery is about the force or fear used to commit the crime.  Robbery is defined by Oklahoma law as “a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear” (21 O.S. § 791).  The state divides robbery into several classifications, including first degree, second degree, conjoint, and armed robbery.

First Degree Robbery

Defined in 21 O.S. § 797, first degree robbery occurs under one or more of four specific circumstances:

1.    inflicts serious bodily injury upon the person;

2.    threatens a person with immediate serious bodily injury;

3.    intentionally puts a person in fear of immediate serious bodily injury; or

4.    commits or threatens to commit a felony upon the person.

First degree robbery is a felony punishable by a minimum of 10 years in prison. It is also an “85 percent crime,” under O.S. 21 § 13.1, a person convicted of this crime must to serve a minimum of 85 percent of the sentence before the possibility of parole.  With that said, there is case law that brings the minimum down to 5 years, but judicial notice should be invoked.

Second Degree Robbery

Second degree robbery does not carry the same requirement that the force results in serious bodily injury or that the fear is the intentional threat of serious bodily injury.  Second degree robbery is a lesser offense than first degree robbery, and it is not an “85 percent crime”.  Robbery in the second degree brings a possible sentence of up to 10 years in prison.

Conjoint Robbery

Conjoint robbery, or robbery committed by two or more people conspiring or acting together to accomplish the robbery is a serious felony where each person involved faces 5 to 50 years in prison.  Like first degree robbery, conjoint robbery is an “85 percent crime”.

Armed Robbery

Robbery or attempted robbery with a dangerous weapon or imitation firearm (21 O.S. § 801) carries a minimum sentence of 5 years in prison.  It is important to note that this law also includes failed attempts.  It does not matter if the gun was not loaded, or even if the “firearm” used was a fake.  Because the motive behind the use of an unloaded or imitation gun is still “force or fear,” it is considered armed robbery even with a toy gun.  Robbery or attempted robbery with a dangerous weapon or imitation firearm is an “85 percent crime”.  

Robbery is a Serious Felony

Robbery charges are very serious and the DA’s office prosecutes these cases aggressively.  You or your loved one could be facing decades in prison, mandatory minimum sentencing, and even registration with law enforcement for placement on the Oklahoma Violent Offender Registry.  Call us today at 918-884-7791 to discuss how we can defend you or your loved one from a Robbery charge.

Does Trump’s Executive Order affect my criminal case?

PRESIDENT TRUMP’S EXECUTIVE ORDERS

On January 25, 2017, President Trump signed two executive orders (EOs) on immigration policy. These orders directed the Department of Homeland Security (DHS) to enlarge the deportation dragnet and further militarize the southern border of the U.S.  The administration expanded the group of people who will be priorities for deportation, specifically noting “removable” immigrants who have been accused or convicted of committing criminal offenses. The EOs also reflected a focus on having local law enforcement agencies perform the functions of immigration officers through formal agreements and by denying federal funds to “sanctuary jurisdictions” that do not comply with requests to help Immigration and Customs Enforcement (ICE) detain and deport immigrants.

Do the EOs change who is legally subject to deportation “removable”?

No. The existing immigration laws dictate who is legally “removable.”  Current law allows the federal government to deport people who lack lawful immigration status (i.e. undocumented people) as well as those with status (e.g. green card holders, refugees, visa holders) who have certain criminal convictions.  The President cannot redefine who is legally “removable” without an act of Congress.  However, for people who are “removable” under existing law, the policies announced can and do expand whom immigration authorities will target for deportation.

Do the EOs change whom ICE will seek to detain and deport?

Yes.  Some individuals who would not have been ICE enforcement priorities before may now be high priorities for removal, even pre-conviction.  Of note, any “removable” person who has been previously accused or convicted of a crime is now a priority for deportation.

Immigration authorities will prioritize deporting the following categories of “removable” people:

• Those with any criminal conviction(s);
• Those with previous criminal charges – even if such charges have not been resolved;
• Those believed by immigration officers to pose a threat to public safety or national security;
• Those who have a final order of removal; and
• Those who have engaged in fraud/misrepresentation in applications to government, or who have “abused” public benefits.

For those currently in the criminal legal system, it is important to note the EO makes no distinction between the types of crime or level of offenses that will make a person a target for deportation.  Also, it is likely ICE will prioritize people with prior convictions regardless of how long ago the conviction occurred or the level of the prior conviction.

Should I bother hiring a good Criminal Defense Attorney?

Yes! The executive orders confirm that immigrants with convictions will be targeted as a top priority for deportation.  It is crucial to not just negotiate dispositions, but fight them to dismissal in order to minimize immigration consequences and exposure to enforcement agents. This applies to immigrants with and without lawful status!   Make sure to hire a Criminal Defense Attorney that understands that any conviction even one that includes a deferred sentencing, probation, and expungement can still make you a priority for deportation.

Am I safe if it is a Municipal case?

No!  Dispositions considered to be minor or even “non-criminal” can make your client a priority or deportation. For example, DHS considers municipal violations to be misdemeanor convictions. It is important to hire a attorney who is well versed in criminal law and understands that the only way to keep you in the United States is to fight your case and have it dismissed.

What does this mean?

Whether you are documented, or are here without papers, it is important that you stay out of the legal system.  Don’t drink and drive, stay away from illegal controlled drugs, walk away from fights, and don’t carry a gun.   But, if you are arrested, your first call is to a highly qualified criminal defense attorney who is not afraid to fight your case, because the only chance you may have to stay in this country is to challenge the charges and get them dismissed.

Brian J. Boeheim, Esq. --- Boeheim | Freeman PLLP --- 918-884-7791