On March 12, 2019, the IBC Bank in Pauls Valley was robbed. The robber received cash after demanding it from bank employees, but fled the scene shortly after. No one was injured and the Oklahoma Bankers Association is offering a reward for anyone with information. It’s unknown whether or not the robber used a weapon during the course of the robbery, and this is an important distinction under Oklahoma law. The legal statutes of the state define four different types of robbery.
Robbery Defined in Oklahoma
Most of the time that people claim they have been robbed, it’s actually a case of larceny, burglary, or fraud. These crimes generally involve secrecy or deceit, while robbery relies on confrontation and the use of force or fear. The Oklahoma statute defines robbery as the unlawful taking of personal property belonging to another person, accomplished by means of force or fear.
Even when this definition is met, the state identifies four different types of robbery. Each has its own definitions and associated penalties for those convicted.
First-Degree Robbery
In order for first-degree robbery to occur, the crime must involve inflicting serious bodily injury, or threatening serious bodily injury. Even when no actual threat is made, if the victim of the robbery is made to fear serious bodily injury during the course of the crime, it is considered first-degree robbery. If the person committing the crime commits, or threatens to commit, a felony upon the victim, this is also defined as first-degree robbery.
First-degree robbery is a felony in Oklahoma. The minimum sentence for those convicted is 10 years in state prison. Under Oklahoma’s statute, first-degree robbery is an 85 percent crime. This means that upon conviction, a person must serve at least 85 percent of their sentence before they are eligible for parole.
Second-Degree Robbery
Second-degree robbery in Oklahoma is very similar to first-degree robbery. It still carries the requirement of force, or threat of force, but does not include the provision that serious bodily injury results or is threatened. This means that any threat or force, no matter how minor, used in conjunction with committing a robbery is considered second-degree robbery.
Second-degree robbery is not an 85 percent crime in Oklahoma, but it does carry a minimum sentence of up to 10 years in state prison.
Conjoint Robbery
Conjoint robbery is a robbery that involves two or more people either committing the crime, or conspiring to commit the crime. Conjoint robbery is also considered an 85 percent crime and carries a sentence of five to 50 years in state prison for all parties involved.
Armed Robbery
As its name suggests, armed robbery requires the use or threat of a weapon. It’s important to note that the weapon is not required to have the capacity to cause harm. This means that when a person uses a fake weapon or a firearm that is not loaded while committing robbery, they can still face charges of armed robbery.
It’s also worth noting that the Oklahoma statute also considers failed attempts as armed robbery. This means that if a person tried to rob another person while using or threatening to use a weapon, but did not accomplish actually stealing any property, they can still face armed robbery charges.
The penalty for armed robbery is a minimum of five years in state prison. Sentences increase for anyone convicted of three separate armed robbery charges to at least 10 years in prison, and a possibility of life in prison. Armed robbery is also considered an 85 percent crime.
Those Facing Robbery Charges Need an Oklahoma Criminal Defense Lawyer
All robbery charges in Oklahoma are considered a felony, and those charged face serious consequences. In addition to prison sentences, those convicted will have a permanent criminal record. In many cases, they are also required to register with law enforcement for placement on the Oklahoma Violent Offender Registry. An Oklahoma robbery lawyer can help those accused beat the charges and retain their freedom.
If you’ve been charged with robbery or any other crime, contact Banks, Gillett, Gillett, PLLC at (405) 607-4800. We will help you prepare a strong defense to get the charges reduced or dropped altogether. Call today for your free consultation so we can help you start building your case.