Theft is tried as either petit or grand larceny in Oklahoma. Petit means small. A defendant is charged with petit larceny if the value of the property stolen is worth less than $1,000 and is not picked from the person of the victim. All other larceny is grand. Okla. Stat. tit. 21 § 1703
Grand Larceny in Oklahoma FAQs
The law in Oklahoma defines larceny as the taking of another person’s property by stealth or fraud, with the intent to defraud the owner. Okla. Stat. tit. 21 § 1701
Keeping something that does not belong to you is sufficient grounds to be charged with larceny in Tulsa, Oklahoma. If you find an item that belongs to someone else and have adequate information to return it to the owner, but choose to keep it, you could be charged with larceny. Okla. Stat. tit. 21 § 1702
A defendant faces grand larceny charges when the value of the property stolen is $1,000 or more, or when it is stolen from the person of another. Larceny of one or more firearms is tried as grand larceny in Oklahoma.
Elements of the Crime
The state must prove each of the following seven elements beyond a shadow of a doubt to get a conviction on charges of grand larceny.
The prosecutor must prove that a defendant took and carried away the personal property of someone else, valued at $1,000 or more or from the person of another, by stealth or fraud, with the intent to deprive permanently. OUJI-CR 5-93
If any of the elements is not proven, there can be no conviction. “Carrying away” has been added by case law as a significant element, though it has not been mentioned in the statute. Even a slight taking away of an item is sufficient to meet this element of the crime.
An item does not also have to be taken from its actual owner. It is sufficient to be charged with larceny if an item is taken from any other person who possesses it lawfully.
Penalties for Grand Larceny
The punishment for grand larceny is up to five years in prison, a fine of up to $5,000, or both. The item stolen must be worth $1,000 to $14,999. If the value of what was stolen is $15,000 or more, the maximum prison time is eight years.
If the value of the item stolen was less than $1,000, the penalty is up to a year in jail. At the court’s discretion, the time may be served on nights and weekends. Also, a judge can impose a fine of up to $1,000 in addition to or in lieu of incarceration.
Regardless of the value of the stolen property, the defendant is also be expected to make restitution to the victim. Okla. Stat. tit. 21 § 1705
Talk to an experienced criminal defense lawyer in Tulsa, OK, if you are facing charges of grand larceny. Your freedom is worth protecting. It is a rather expensive affair to get convicted and sent to jail. You could pay hefty fines and end up spending a lot of time in prison, which will also cost you a lot in lost income and opportunities.
A criminal record is devastating to your life after prison. Your reputation could be severely dented, and you could end up with a poor credit rating, be unable to access certain employment opportunities, and lose some of your rights such as the right to vote or carry firearms.
Let an experienced Tulsa criminal attorney stand up for you in court to significantly improve your chances of getting a favorable outcome in your case.
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