Shoplifting is a crime that is formally called “Larceny of Merchandise from Retailer.” Although it may seem like a small crime, larceny from a retailer in Oklahoma can cause big legal problems if you get caught.
Proving Larceny from a Retailer in Oklahoma
To prove that someone committed larceny from a retailer in Oklahoma, a prosecutor must prove each of the following elements beyond a reasonable doubt:
First, taking;
Second, carrying away;
Third, merchandise;
Fourth, from a retailer/wholesaler;
Fifth, valued at [dollar amount];
Sixth, by fraud/stealth;
Seventh, with the intent to deprive permanently.
Therefore, a prosecutor must not only prove that a defendant removed an item from the store, but also that he intended to keep it.
Someone who unknowingly took an item, therefore, may raise the defense that she did not intend to deprive the store of the merchandise.
Punishing Larceny from a Retailer
A first time offender who has stolen goods valued at less than $500 will face a misdemeanor charge. A conviction carries a fine between $10 and $500 and up to 30 days in the county jail.
However, if a first time offender is charged with stealing goods valued between $500 and $1,000, he may be found guilty of a felony. Consequently, she can serve up to one year in the county jail and will be required to pay $5,000 in fines.
A second time offender, on the other hand, will face between 30 days and one year in prison and up to $1,000 in fines.
Anyone who has been charged with larceny from a retailer in Oklahoma three or more times faces between two and five years in the state penitentiary.
Finally, anyone (regardless of whether he has committed the crime before or not) who steals any goods valued at more than $1,000 will face between one and five years in the state penitentiary.
Free Consultation: Tulsa Criminal Defense Lawyer
A charge of larceny from a retailer in Oklahoma can result in a misdemeanor or felony conviction, which can mean between one and five years in prison.
If you or anyone you know is faced with this charge, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney today at The Wirth Law Office – Tulsa. Call 918-913-0725, or toll-free at 1-888-447-7262.