Typically, when we hear of an armed robber, an armed home invasion, or an assault with a dangerous or deadly weapon, we think of a suspect armed with a gun, or a knife, or something that is considered a weapon in general. However, Oklahoma assault laws define dangerous weapons much more broadly, allowing even the most mundane household items to be termed "weapons" when they are used to threaten or inflict harm.
Earlier this week, two Tulsa men were arrested after an armed home invasion in which they allegedly used not only firearms, but also a staple gun in order to perpetrate the crime.
In the incident, police say, three men forcibly entered a Tulsa apartment, demanding cash and drugs from the occupants. They robbed the victims at gunpoint before binding them with duct tape. Police say the men then used a staple gun to staple the lips of one of the victims.
According to this report, one of the suspects later posted his whereabouts on Facebook, and police found him and an accomplice exactly where they said they were going to be--Whataburger. As of this writing, police are still looking for the third suspect.
Angel Rodriguez, 21, and Mario Mediano, 19, were booked into the Tulsa County jail on first degree robbery, armed robbery, and stolen vehicle complaints. An Oklahoma court records search shows that the two men have not been formally charged at this time.
In 21 O.S. 797, first degree robbery is defined as any robbery--or taking of property from a person or in his or her presence--that is perpetrated through the threat or infliction of serious bodily injury against the victim. A conviction of first degree robbery carries a minimum sentence of 10 years in prison.
In Section 801, armed robbery is codified as Robbery or Attempted Robbery with a Dangerous Weapon or Imitation Firearm. This section reads as follows:
"Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time not less than five (5) years, at the discretion of the court, or the jury trying the same."
The minimum penalty is the same for armed robbery whether the gun is loaded or not, real or replica. The law also provides the same minimum penalty even if the defendant is armed with "any dangerous weapon;" however, it fails to specify what constitutes a dangerous weapon.
If one seeks a little more clarification about what may legally be considered a dangerous weapon, one could try looking at the statute governing Assault and Battery with a Dangerous Weapon (21 O.S. 645). In this section, penalties are enhanced for anyone who commits assault and battery using "any sharp or dangerous weapon." Again, this statute does not delineate any specific criteria of a dangerous weapon.
As the law is written, any object that is used to threaten harm or inflict harm can be considered a dangerous weapon, whether combat or self defense is the intended purpose of that item. Cars are frequently considered deadly weapons if a driver attempts to run down a victim; pens, pencils, and screwdrivers can be dangerous or deadly weapons if those wielding them attempt to stab someone with them. In any case, using any item to injure or threaten to injure another person will likely lead to enhanced penalties.
