Explaining First Degree Robbery Crimes in Oklahoma

First Degree Robbery Crimes in Oklahoma are serious and could land you in jail. The thing about crimes like robbery is that they have different degrees. With each degree the punishment is increased but each degree has different elements that the State must meet to charge it under the specific degree. In the realm of criminal law, the distinction between various offenses can sometimes be nuanced, leading to confusion for both defendants and the general public. One such offense that demands clarity is first-degree robbery, particularly in comparison to second-degree burglary.

What is First Degree Robbery:

In Oklahoma, first-degree robbery is a very serious criminal offense categorized under Title 21 of the Oklahoma Statutes. It involves the unlawful taking of property from another person through the use of force, violence, or intimidation. Its the element of force or fear that enhances the crime the most. Sometimes you will hear this crime referred to as strongarm robbery. The factor that enhances the degree of robbery is the presence of certain aggravating factors.

Factors Enhancing a Robbery to First Degree:

1. Serious Bodily Injury: If during the commission of the robbery, the perpetrator inflicts serious bodily injury upon any person, it constitutes first-degree robbery. The degree of bodily injury can also impact the case and how the States proceeds.
2. Threatening or Placing Someone in Fear of Immediate Serious Bodily Harm: The use of threats or intimidation or elements of a strong arm robbery enhance the charge. This includes causing the victim a reasonable fear of immanent serious bodily harm.
3. Use of a Dangerous Weapon: If the perpetrator uses or threatens the use of a dangerous weapon during the robbery enhances the charge. The rub here is often centered on what exactly is a dangerous weapon. Another issue is did they actually use the weapon or was the threat something that a reasonable person might not have feared.

Example Of Enhanced Robbery:

Imagine a scenario where an individual enters a convenience store wielding a knife and demands money from the cashier. In the process, the perpetrator stabs the cashier, causing severe injuries. Despite the cashier complying with the demands, the use of a dangerous weapon resulting in serious bodily injury elevates the offense to first-degree robbery.

Distinguishing Degrees Of Robbery:

The primary distinction between degrees of robbery lies in the use of a dangerous weapon. First degree robbery involves the use, attempted use, or threatened use of a dangerous weapon, whereas second degree robbery does not. Additionally, enhanced robbery generally carries harsher penalties due to the heightened level of threat posed by the presence of a dangerous weapon.

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Tulsa Okla. Criminal Defense In Your Corner

Understanding the nuances of criminal offenses such as first-degree robbery is essential for both legal professionals and the general public in Oklahoma. Sometimes the prosecutors in Oklahoma will try to use leverage by overcharging the crime. They do this to make you plead to charges based on fear and intimidation. Understanding the elements of the crime they are charging shifts the leverage from the prosecutor to you. For a Free consultation with a Tulsa criminal defense attorney from Kania Law Office call 918.743.2233 or send ask a legal question online