At its essence, robbery is a violent crime. It is grounded in taking something through the use of force or fear. In Claremore, robbery is legally defined as the wrongful taking of another’s personal property from their body or from their immediate surroundings by means of force or fear. Conjoint robbery is one form of the crime. Okla. Stat. tit. 21 § 791
The crime involves taking something directly from a person by using physical force or the threat of bodily harm. Alternatively, the taking can be from that person’s immediate surroundings — their clothes, purse, jacket, or the area in which they are located.
The use of force or fear is a required element and is the hallmark of this crime. It is what differentiates robbery from ordinary theft; it is what makes robbery such a serious, and often, deadly crime. If there is no force or fear involved in the taking, there is no robbery.
Conjoint Robbery
Conjoint robbery is a robbery that includes two or more perpetrators. When two or more people are committing the crime, the level of violence can escalate quickly and more people can be injured or killed.
Like all crimes in Oklahoma, all the elements of the crime must be proven by the prosecution in order for a conviction. If any one element goes unproven, there will be no conviction. Here are the elements of conjoint robbery.
- wrongful
- taking and
- carrying away of the
- personal property
- of another
- from the person or the immediate presence of another
- by force or fear.
OUJI-CR 4-143.
The crime is a felony punishable by a prison term of 5 to 50 years. Okla. Stat. tit. 21 § 800
In order to be considered a robbery in Oklahoma, the force or fear used must be used either to get to keep possession of the property from a person or to stop or overcome resistance to the taking. If the force or fear is used only as a means of escape, it does not constitute robbery. Okla. Stat. tit. 21 § 792
The facts and their chronology become extremely important in these cases. Defenses can be built on when any force or fear was used, if at all.
Conjoint robbery is also subject to the 85% rule. That means that once convicted, you must serve at least 85% of your sentence before you are eligible for release. You could spend up to 42 years in prison. Okla. Stat. tit. 21 § 13.1
Degrees of Robbery in Oklahoma
Robbery in Oklahoma is either of the first or second degree. First-degree and second-degree robbery are lesser-included offenses in conjoint robbery.
First-degree robbery requires that the perpetrator inflicts or threatens serious bodily injury; puts the victim in fear of immediate serious bodily injury; or commits or threatens to commit a felony against a person. It is a felony punishable by not less than 10 years. Okla. Stat. tit. 21 § 798.
This is one of the most harshly punished crimes in Oklahoma. Get help if you are facing charges. Your freedom may depend on it.
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