Conjoint robbery is not a term that many are familiar with. But the crime occurs with some frequency. In order to understand conjoint robbery in Oklahoma, it is necessary to understand basic robbery and how it is handled in Tahlequah.
Robbery: A Crime Against A Person
Crimes are divided between crimes against people and crimes against property, with crimes against people being more serious than crimes against property. Crimes against people include such things as homicide, assault, rape, and robbery. These crimes are always felonies.
Tahlequah, Oklahoma robbery is defined as the wrongful taking of another’s personal property from their body or from their immediate surroundings by means of force or fear. Okla. Stat. tit. 21 § 791
Because the risk of injury or death to the victim is so high in a robbery, it is considered a violent crime.
The crime involves taking something directly from a person, using physical force or the threat of bodily injury. The taking can also be from that person’s immediate surroundings — from their clothes, purse, briefcase, or the area in which they are located.
Using force or fear to intimidate a victim can mean that assault and battery is part of the robbery. If a firearm or other dangerous weapon is used, the defendant will face enhanced penalties.
The Elements Of Conjoint Robbery In Oklahoma
Conjoint robbery is one form of the crime of robbery. It 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, making the possibility of injury or death more likely.
All the elements of the crime must be proven beyond a reasonable doubt by the prosecution to obtain a conviction. If any element is not proven, there can be no conviction for that crime. Thus, defenses are often built on facts that tend to disprove one or more elements of the crime.
Here are the elements of conjoint robbery:
- wrongful
- taking and
- carrying away
- personal property;
- of another
- from the person or the immediate presence of another
- by force or fear
- committed by two or more persons.
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The crime is a felony punishable by 5 to 50 years in prison. Okla. Stat. tit. 21 § 800
Areas Of Possible Defenses
In order to be considered a robbery, the force or fear used must be used either to keep possession of the property from a person, or to stop or overcome resistance to the taking. Sometimes in robbery, the force or fear is used not to take the item but rather as part of the escape. If that is so, the element will not be proven.
Also, a person may be convicted of theft but not robbery. Simple theft is a crime against property with a less harsh prison sentence. Okla. Stat. tit. 21 § 792
For example, a couple of guys get drunk on a Saturday night and are smoking in an alleyway. They see a woman with a purse sitting next to her. They grab the purse and start to head out.
As they are leaving, one of the guys turns and yells, “Don’t follow or we’ll get you.” Arguably, this threat is not being used to get or keep the purse, but to effectuate their escape. This may be enough to knock the charges down to simple theft.
Facts, even small facts, can be important. If you are facing charges for conjoint robbery, it is important that you discuss all possible defenses with an experienced criminal defense attorney.
Conjoint robbery is also subject to the 85% rule. If convicted, you must serve at least 85% of your sentence before you are eligible for release. Okla. Stat. tit. 21 § 13.1
First And Second Degree Robbery: Lesser Included Offenses
In Oklahoma, robbery can be either of the first or second degree. First-degree and second-degree robbery are lesser included offenses in a 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. All other robberies are charged in the second degree. Okla. Stat. tit. 21 § 797
Both types are felonies in Oklahoma. They are punishable by a minimum of 10 years in prison. Okla. Stat. tit. 21 § 798
Conjoint robbery is one of the most harshly punished crimes in Oklahoma. If you are facing charges, talk to a Tahlequah attorney as soon as possible.
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