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Is robbery with a fake gun still a serious criminal offense?

On Behalf of | Nov 23, 2023 | Criminal Law |

Robbery may be a theft crime, but it’s also a violent offense. Unlike theft or burglary – where there’s no confrontation involved – a robbery involves directly taking another person’s property within their immediate presence by using force or intimidation. These encounters can result in injuries or even death if the offender uses a deadly weapon. It’s no wonder that robbery offenses are felonies in Oklahoma.

But what if you use a fake or toy gun to stage a robbery? Would the crime still be a felony?

Real or fake, robbery with a weapon is a felony

Under state law, any person who uses any deadly weapon or imitation firearm to rob or attempt to rob a person, residence, place of business or banking institution commits a felony offense.

Oklahoma rules also explain that the imitation firearm used in the offense must be capable of threatening the robbery victim enough to convince them that the gun is real.

This element of fear isn’t limited to intimidation directed at the person being robbed. State law also adds that an offense may also involve the threat of causing an unlawful injury to a relative, family member or anyone in the immediate company of the robbery victim.

The penalties for armed robbery

If convicted of this offense, a person faces up to life in prison or for a period not less than five years, per the court’s discretion. If after conviction the person has a total of three separate and distinct convictions for armed robbery, the minimum prison sentence they can face increases to 10 years – the maximum possible length is still a life sentence.

Yes, robbery with a toy or imitation gun is still a felony. It carries the same penalties as a conviction for robbery with an actual deadly weapon. If you face a charge for using a fake gun in a robbery, having a legal professional represent you may be a smart option. Robbery accusations shouldn’t be taken lightly; a conviction can mean a life behind bars.