Oklahoma Robbery crimes and Burglary are serious felony crimes in the state of Oklahoma, and those who commit them receive the label of dangerous criminals. There is a distinction between robbery and burglary. Robbery involves the presence of the person during the robbery. Conversely, burglary is a more stealthy form of theft. The burglar usually sneaks or breaks into a victim’s home or business when the victim isn’t present. In a robbery, the use of force or the implied threat of force is present. For example, as in a situation where a person is “held-up” and forced to turn over his valuables to the robber. A burglar on the other hand usually sneaks into one’s home, office or automobile, or forces their way in such a way as to not draw the attention of those being robbed.
Oklahoma Robbery Crimes:
How can you prove that you are not guilty of any Oklahoma robbery crimes? There are four elements of robbery that a person must prove in order to convict a person of robbery. The first element is to prove that someone stole your property. Just saying that someone took your wallet might not be enough to convict a person of robbery. A police officer finding your wallet in the alleged robber’s backpack might.
Secondly, you the plaintiff must have actually been present when the robbery occurred. You have to prove that you were where you said you were when the alleged robbery took place. If you say you were robbed when you left the movie theater at 9:30 p.m. and then produce your movie ticket stub and parking receipt, you are putting yourself at the scene of the alleged crime at the specific time you claim it happened. Otherwise what proof can you produce that you were even at the place where you said the crime occurred?
Third, the victim must prove that the alleged robber took the property against your will. Usually people don’t voluntarily hand over one’s wedding rings, purses and wallets. However, the burden of proof remains the plaintiff’s and he must prove that the merchandise was not a voluntary gift to the alleged burglar.
Finally, fear and/or force must be used by the robber or robbers to get you to part with your property. This can be verbal as well as physical. One can yell “give me all your money”, or yell “give me all your money or I’ll kill you”! There’s a big difference. The first person, however perceived, is little more that an aggressive beggar, where the second is a potentially dangerous and violent criminal. Brandishing a weapon is also a good indication as to whether or not the person’s intent is robbery.
Categories Of Oklahoma Robbery Crimes
Oklahoma robbery crimes convictions fall into one of two categories, first and second degree. First degree is when the defendant also committed a felony against the plaintiff. This carries a minimum prison sentence of ten years. To obtain first degree status, the plaintiff will have to prove that bodily injury occurred or a threat to injure occurred. Second degree felony is the lesser of the two charges and does not include the threat of bodily injury, and the prison term is less than ten years.
If you face arrest and accusations of any Oklahoma robbery crimes, don’t try and talk your way out of it. Exercise your right to remain silent. But do give us a call. We are Oklahoma robbery defense attorneys with a lot of experience. We have the resources and the expertise to make sure that the police and prosecution have not violated your rights or broken the law in your suspicion, arrest or arraignment.