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Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

Beer Run Fugitives Could Face Serious Prison Time

16-May-2014

Earlier this week, we wrote of three people who were arrested after attempting to steal prescription drugs from the OBN prescription drop box in an Edmond police station. Those three now have two more contenders challenging them in competition for the "What Were They Thinking?" Award.

Oklahoma City police are asking for the public's help in identifying two men seen on surveillance video robbing a convenience store at gunpoint. These men were not out for cash, asking the clerk to open the cash register and empty the safe. No. Instead, while one suspect held a gun on the frightened clerk, his partner in crime grabbed a couple of cases of Budweiser and ran.

 

Let us take a minute to consider this. These men needed 60 low-point beers--less than a $30 value--so badly that they were willing to risk serious prison time for it. How much prison time? Let's see what Oklahoma robbery laws have to say about it.

In 21 O.S. 791, we find that robbery is defined as "a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." Subsequent sections of the law reveal that both the degree of force and the value of the object are immaterial. However, not all robberies are considered equal under Oklahoma law, and while second degree robbery carries a maximum sentence of 10 years in prison, the penalties are much more severe for first degree robbery, conjoint robbery, and armed robbery:

  • First degree robbery occurs under one or more of four specific circumstances: serious bodily injury to the victim, threatening immediate serious bodily injury, intentionally putting the victim in fear of immediate serious bodily injury, or the threat or commission of a felony against the victim. It is punishable by 10 years to life in prison. First degree robbery is an 85 Percent Crime, and it is a inexpugnable violent felony.
  • Conjoint robbery occurs when two or more accomplices work together to perpetrate a robbery. All accomplices face 5 to 50 years in prison if convicted of conjoint robbery.
  • Armed robbery is defined by statute as Robbery or Attempted Robbery with Dangerous Weapon or Imitation Firearm. Using a firearm in committing a robbery is an aggravating factor, whether or not the gun is real, and if so, whether or not it is loaded. Armed robbery is punishable by 5 years to life in prison.

Sure, a lot of people enjoy a cold beer at the end of a long day, but if you can't scrape up a few bucks to grab a six pack, is it really worth spending the risking the rest of your life in prison?

Police are asking anyone with information about the two men to contact Crime Stoppers at (405) 235-7300.



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