Robbery with a firearm in Oklahoma is a felony offense.
Robbery in Muskogee, Oklahoma is a crime against a person. It is described as taking the property of another from their person or in their presence by use of force or by instilling fear. The item is taken from the owner against his or her will. Okla. Stat. tit. 21 § 791
Defining Robbery in Muskogee
For a crime to be defined as robbery, fear of force must be employed to gain possession of the item stolen and to stop or overcome resistance to taking it. If fear or force is used mainly to escape, then the crime is not robbery. Okla. Stat. tit. 21 § 792
The amount of force used is not important. Any amount of force will do if used in a way that makes the crime a robbery.
What is Robbery with a Firearm in Oklahoma?
Charges of robbery with a firearm in Oklahoma can arise from a number of circumstances. It does not matter if the firearm is loaded or if the weapon used to instill fear is not even a firearm, but resembles a firearm. Okla. Stat. tit. 21 § 801
The use of a deadly weapon such as a firearm or something that resembles one creates the fear of death in a victim is sufficient ground to be tried for this crime.
Burden of Proof
For a prosecutor to obtain a conviction for this crime, they must prove beyond a shadow of a doubt the following eight elements:
- The wrongful
- taking and
- carrying away
- the personal property
- of another
- from the person or the immediate presence of another
- by force or fear
- through the use of a loaded, unloaded, blank, or imitation firearm capable of raising in the mind of the person threatened with such device a fear that it is a real firearm or a dangerous weapon.
It must be emphasized here that only an experienced Muskogee attorney with the right training is in a position to examine all the elements of your case and determine the ideal defense. A qualified attorney can help a defendant retain their freedom by discounting any one of the elements that the prosecution must prove.
A defense attorney may decide to defend the case by claiming that the crime committed was not a robbery. They can argue that force or fear was used only as a means of escape. For instance, if the firearm was fired as the defendant fled the scene of the crime, then the case should not be tried as a robbery.
If theft happens without the knowledge of the victim, such as in pickpocketing, then the crime was not robbery. The offense would not be robbery even if the defendant used force or fear to escape.
Penalties After Conviction
A defendant convicted of robbery with a firearm in Oklahoma could spend anywhere from five years to life in prison.
This crime does not have the option of a fine.
Also, robbery with a firearm is considered a violent crime. Thus, state officials want to keep you away from society if you are convicted. Therefore, the 85% rule applies to this crime. . The 85% rule means a defendant must serve at least 85% of their sentence before being eligible for parole. Okla. Stat. tit. 21 § 13.1
If you are facing charges of robbery with a firearm, you need to talk to a criminal defense attorney in Muskogee, OK immediately. You cannot possibly appear in court unrepresented. Bear in mind that the prosecution will pull out its best tactics to ensure they get a conviction against you.
Our Muskogee attorney has the skill and experience to represent you in court. He will look at everything stacked against you and put together a defense that ensures you have a chance in court.
Free Consultation: Muskogee Felony Attorney
Only experienced criminal lawyers in Muskogee can work to build a strong defense for you. What may look like insignificant issues to an inexperienced attorney may, in the end, determine your case.
Details matter when piecing together the evidence for your defense. Our Muskogee attorneys will stand up for you against bogus criminal charges or negotiate a better outcome if you did indeed commit a crime.
Our attorneys know how to present in court the details that can significantly affect the result of a criminal case.
Call a Muskogee felony attorney today at 918-884-7774 to ask questions or schedule a free, confidential consultation.