Facing Robbery Charges in Oklahoma? What to Expect

Understanding Robbery Charges in Oklahoma

Robbery in Oklahoma is a serious offense, carrying significant penalties and long-lasting consequences. It's crucial to understand the elements of the crime, the potential defenses, and the steps you should take if you're facing robbery charges. A skilled criminal defense attorney can be your strongest advocate in navigating the complex legal landscape.

What Constitutes Robbery Under Oklahoma Law?

📍 According to Oklahoma Statute Title 21, Section 791, robbery is defined 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." Let's break down this definition:

• Wrongful Taking: The property must be taken without legal right or justification.
• Personal Property: The item taken must be movable property (not real estate).
• Possession of Another: The property must be in the possession of someone else, even if they don't own it.
• From His Person or Immediate Presence: The taking must occur from the victim's person (e.g., wallet from their pocket) or from their immediate vicinity (e.g., a purse on a nearby chair).
• Against His Will: The taking must be against the victim's will, meaning they don't consent to it.
• Force or Fear: This is the key element that distinguishes robbery from larceny (theft). The taking must be accomplished by either the use of physical force or by instilling fear in the victim. Fear can include threats of immediate injury to the victim, their family, or their property.

Degrees of Robbery in Oklahoma

Oklahoma law recognizes different degrees of robbery, each carrying different penalties:

Robbery in the First Degree

💥 This is the most serious form of robbery. It's defined as robbery committed when the robber inflicts serious bodily injury upon the person robbed, or any person in his company, or when the robber threatens the life of a person.

• Serious Bodily Injury: This includes injuries that create a substantial risk of death, cause serious permanent disfigurement, or result in prolonged loss or impairment of the function of any bodily member or organ.
• Threat to Life: This involves explicitly threatening to kill the victim or another person present.

Penalty: Robbery in the first degree is punishable by imprisonment in the custody of the Department of Corrections for not less than ten (10) years.

Robbery in the Second Degree

🔑 Robbery in the second degree is any robbery that doesn't meet the criteria for first-degree robbery. It still involves force or fear but doesn't involve serious bodily injury or a direct threat to life.

Penalty: Robbery in the second degree is punishable by imprisonment in the custody of the Department of Corrections for not less than five (5) years.

Aggravated Robbery

🚨 Although not explicitly defined as a separate "degree" in the statutes, the presence of firearms or dangerous weapons during a robbery significantly increases the severity of the charges and potential penalties. Using a firearm during a robbery can lead to additional charges and sentence enhancements.

Common Defenses to Robbery Charges

Facing robbery charges doesn't automatically mean a conviction is inevitable. A skilled Oklahoma criminal defense attorney can explore various defenses, including:

• Lack of Intent: Proving that you didn't intend to commit robbery. For example, you might argue that you mistakenly took the property or that you were acting under duress.
• Mistaken Identity: Arguing that you were wrongly identified as the perpetrator. This can involve challenging eyewitness testimony or presenting alibi evidence.
• Self-Defense: Claiming that you acted in self-defense and that the force you used was reasonable under the circumstances. This defense is more complex in robbery cases but can be applicable if the alleged victim initiated the aggression.
• Lack of Force or Fear: Arguing that the taking of the property didn't involve force or fear. If the prosecution can't prove this element, the charge might be reduced to larceny.
• Illegal Search and Seizure: If evidence was obtained illegally (e.g., without a valid warrant or through an unlawful search), your attorney can file a motion to suppress that evidence.
• Insufficient Evidence: The prosecution must prove each element of the crime beyond a reasonable doubt. If the evidence is weak or circumstantial, your attorney can argue that the prosecution hasn't met its burden.

What to Do If You're Arrested for Robbery in Oklahoma

🛑 If you're arrested for robbery, it's crucial to remain calm and exercise your rights:

• Remain Silent: Don't answer any questions without an attorney present. Politely invoke your right to remain silent. Anything you say can and will be used against you in court.
• Request an Attorney: Immediately ask for an attorney. Don't try to explain your situation or defend yourself.
• Don't Resist Arrest: Even if you believe you're being wrongly arrested, resisting arrest can lead to additional charges.
• Remember Details: Try to remember as many details as possible about the arrest, including the officers involved, what was said, and any actions taken. Write these details down as soon as possible after the arrest.
• Contact a Criminal Defense Attorney: The most important step is to contact a qualified Oklahoma criminal defense attorney as soon as possible.

The Role of a Criminal Defense Attorney in Robbery Cases

A criminal defense attorney plays a vital role in protecting your rights and fighting for the best possible outcome in your case. Here's how an attorney can help:

• Investigate the Case: Your attorney will thoroughly investigate the case, gathering evidence, interviewing witnesses, and reviewing police reports.
• Negotiate with the Prosecutor: Your attorney can negotiate with the prosecutor to potentially reduce the charges, dismiss the case, or reach a plea agreement.
• Prepare for Trial: If a plea agreement isn't possible, your attorney will prepare the case for trial, including developing a defense strategy, preparing witnesses, and filing motions.
• Represent You in Court: Your attorney will represent you in court, presenting evidence, cross-examining witnesses, and arguing your case to the judge and jury.
• Protect Your Rights: Your attorney will ensure that your rights are protected throughout the legal process.

Potential Penalties and Consequences of a Robbery Conviction in Oklahoma

⚖️ The penalties for a robbery conviction in Oklahoma can be severe, including:

• Imprisonment: As mentioned earlier, robbery in the first degree carries a minimum sentence of 10 years, while robbery in the second degree carries a minimum of 5 years. The actual sentence can be much longer, depending on the specific circumstances of the case and your prior criminal history.
• Fines: In addition to imprisonment, you may also be required to pay fines.
• Criminal Record: A robbery conviction will result in a permanent criminal record, which can make it difficult to find employment, housing, and educational opportunities.
• Loss of Rights: A felony conviction can result in the loss of certain rights, such as the right to vote, own a firearm, and serve on a jury.
• Restitution: You may be ordered to pay restitution to the victim to compensate them for their losses.

Compensation for Victims of Robbery in Oklahoma

💰 Victims of robbery may be entitled to compensation for their losses, including:

• Stolen Property: The value of the stolen property.
• Medical Expenses: Costs associated with injuries sustained during the robbery.
• Lost Wages: Income lost as a result of the robbery.
• Pain and Suffering: Compensation for the emotional distress and trauma caused by the robbery.

Compensation can be obtained through:

• Restitution: As part of the criminal sentencing, the court may order the defendant to pay restitution to the victim.
• Civil Lawsuit: The victim can file a civil lawsuit against the robber to recover damages.
• Oklahoma Crime Victims Compensation Board: This board provides financial assistance to victims of violent crimes in Oklahoma.

The Importance of Early Intervention

⏰ If you're facing robbery charges, it's crucial to seek legal representation as soon as possible. Early intervention by a skilled criminal defense attorney can significantly improve your chances of a favorable outcome. An attorney can:

• Prevent Self-Incrimination: Ensure you don't make statements that could harm your case.
• Gather Evidence: Begin investigating the case immediately to preserve evidence and identify witnesses.
• Negotiate with Prosecutors: Explore opportunities for charge reductions or alternative sentencing options.
• Prepare a Strong Defense: Develop a comprehensive defense strategy tailored to your specific circumstances.

Finding the Right Criminal Defense Attorney in Oklahoma

🔎 Choosing the right criminal defense attorney is a critical decision. Look for an attorney who:

• Has Experience in Robbery Cases: Choose an attorney with a proven track record of success in handling robbery cases in Oklahoma.
• Is Knowledgeable About Oklahoma Law: Ensure the attorney is thoroughly familiar with Oklahoma's criminal laws and procedures.
• Is a Skilled Negotiator and Litigator: The attorney should be able to effectively negotiate with prosecutors and aggressively represent you in court if necessary.
• Is Accessible and Responsive: Choose an attorney who is readily available to answer your questions and keep you informed about the progress of your case.
• Has a Good Reputation: Check online reviews and ask for references to assess the attorney's reputation and client satisfaction.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.