You’re charged with attempted robbery when your gun misfires outside of a bank

Apr 8, 2015 | Criminal Defense

Oklahoma is a concealed carry state. Under certain circumstances it’s perfectly legal for a member of the general public to carry a gun. Under those circumstances it’s also perfectly legal for a person to carry a concealed weapon into a bank. If a bank doesn’t permit concealed carry inside its premises, visible notices will be posted outside of its doors.
Your bank doesn’t permit concealed carry within its premises. You’ve known that for a long time. Before you enter the bank, you’re always sure that your weapon is safely locked and stored inside your vehicle. In doing so today though, the gun misfired. Police were called and you were arrested for attempted robbery. You only wanted to talk to a loan officer about a mortgage, and now you’re jailed and awaiting a bond hearing. You even have a copy of the purchase agreement with you that’s dated yesterday. You’ve never been arrested before in your life.

Oklahoma Law

Under Oklahoma law, robbery is a theft in which a person inflicts, threatens or places a person in immediate fear of serious bodily harm on another person. Robbery can also occur when a person commits or threatens to commit a felony upon the person of another. Under the statute, any robbery must be committed with the knowledge of the victim. A conviction for even a first time robbery offense in Oklahoma carries a minimum 10 year prison sentence.

Can They Prove It

Any attempt to reconcile the facts of the arrest in this case with the Oklahoma robbery statute would probably result in a not guilty verdict. You were in full compliance with Oklahoma law at all times alleged. There was no threat to inflict bodily harm on another, nor did anybody else suffer bodily harm. At best, the prosecution might show that you placed another person in fear of serious bodily harm, but they’d have great difficulty showing the requisite intent to do so. After all, you wanted a mortgage, and not all of the money in the bank.
You’re not going to just walk away from all of this by posting bond though. The charge remains and it must be defended. After knowing all of the facts, many hard-nosed prosecutors will still persist with the charge. An experienced and trusted criminal lawyer will take your case as far as it needs to go to achieve your acquittal. We’ll protect your rights and good reputation.
Contact us at (405)232-7980 or online today to speak with an experienced attorney.