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.

Understanding Deferred Probation

If you are charged with a crime, there will be one of four results when you go to court.  Dismissal is the best of all results because your charges have been dropped and you are free.  Jail or Prison time is obviously the worst result because it means you will be incarcerated for some period of time.  In between these two extremes are two forms of probation: Suspended Sentence and Deferred Sentence.  Let’s focus today on these two forms of probation.

If it is your first offense, your attorney may be able to get you deferred sentencing and probation instead of jail time.  This alternative sentencing solution is the best possible outcome other than an outright dismissal.  A deferred sentence allows you to have your court record sealed after successfully completing all of the court-ordered probation.  This means having all of your fines and DA supervision paid, as well as, completing any special orders like Drug and Alcohol Assessment, DUI School, or Batters Intervention Program, and obviously, you must not break any federal, state, municipal, or tribal laws.

Having your record expunged is a tremendous advantage since a criminal record can limit your job and licensure opportunities.  So how does this work?  It starts with you pleading guilty to the criminal charge.  However, instead of accepting the plea and rendering judgment, the judge delays judgment and sentencing, giving the defendant an opportunity to complete probation instead.

For example, a first DUI offender may plead guilty to DUI, but instead of convicting the defendant and ordering him or her to jail, the judge would defer sentencing and order the defendant to drug and alcohol treatment, community service, participating in a victim’s impact panel, and similar terms of probation.

If you were to violate probation or commit other crimes, the prosecutor will likely file a Motion to Accelerate sentencing. The judge may then accept the guilty plea and order you to serve a jail or prison sentence.  If the you successfully completes your probation, the court records are updated. Your guilty plea is changed to reflect a plea of “not guilty,” and the case is dismissed. There is no criminal conviction, and through expungement, your name is stricken from court records.

A suspended sentence is different from a deferred sentence. While both types of sentencing allow you to serve probation in lieu of all or part of the jail or prison sentence, a suspended sentence results in criminal conviction, which will stay on your record.  It isn’t jail or prison, but a suspended sentence pales in comparison to the benefits of a deferred sentence.