Robbery with a gun is a serious criminal offense in Oklahoma. Robbery involves taking property from another person through force or intimidation, and the presence of a firearm elevates the severity. We’ll explore how robbery with a gun differs from other types of robberies, including the definitions, penalties, and implications.
Definition of Robbery in Oklahoma
Robbery is the wrongful taking of personal property from another person or their immediate presence, against their will, by means of force or fear. The crime involves both the act of taking and the use of force or intimidation to do so.
First-degree robbery occurs when the perpetrator inflicts serious bodily injury, uses a dangerous weapon, or causes fear of immediate injury during the robbery. Robbery with a gun falls under this category due to the use of a firearm. Second-degree robbery involves the use of force or intimidation but does not include the use of a dangerous weapon or result in serious bodily injury. It is less severe than first-degree robbery.
Key Differences from Other Types of Robbery
The use of a gun during a robbery is a critical factor that distinguishes it from other types of robbery. The presence of a firearm increases the perceived threat and potential for serious injury or death. Because robbery with a gun is first-degree robbery, it carries more severe penalties than second-degree robbery. The use of a firearm is an aggravating factor that leads to harsher sentencing.
In Oklahoma, the penalties for robbery with a gun are severe due to the dangerous nature of the crime. Conviction can result in a lengthy prison sentence. For first-degree robbery, the minimum sentence is ten years, but can extend to life imprisonment, depending on the circumstances. Additionally, the court may impose substantial fines.
A conviction for robbery with a gun results in a felony record, which can have long-term consequences. If the offender has prior convictions, especially for violent crimes, the penalties can be even more severe, including mandatory minimum sentences and enhanced penalties under Oklahoma’s habitual offender laws.
Legal Defenses in Oklahoma
Several felony defenses may be available to individuals charged with robbery with a gun, including:
- Lack of Intent: Arguing that there was no intent to commit robbery or that the act was not carried out with the requisite intent.
- Mistaken Identity: Claiming that the defendant was not the person who committed the robbery, often supported by alibi evidence or challenges to the reliability of eyewitness testimony.
- No Use of a Firearm: Contesting the presence or use of a firearm during the commission of the crime, which can reduce the charges to second-degree robbery if successful.
- Coercion or Duress: Demonstrating that the defendant was coerced or forced to commit the robbery under threat of harm.
You should consult with a criminal defense attorney, as they can look at your case and fight for you.
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Tulsa Robbery Lawyers
Robbery with a gun is considered first-degree robbery, carrying more severe penalties due to the increased risk and danger. Understanding the distinctions between different types of robbery and the potential consequences is crucial when you’re in these types of cases. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.