When trying to figure out what grand larceny is, it’s important to have all the facts. Grand larceny is a significant criminal offense in Oklahoma, which includes Wagoner County’s jurisdiction. Under Oklahoma law, grand larceny is the theft of property where the value of the stolen goods exceeds a certain monetary threshold. Alternatively, the circumstances of the theft can meet specific statutory criteria. Here in this article we will explore the specifics of grand larceny, instances that qualify it as such, and some potential defenses that can you could employ if you or a loved one is facing this. You can also explore our Wagoner Law Blog here.

Legal Definition

In Oklahoma, the distinct difference between petit larceny (petty theft) and grand larceny hinges on the value of the property stolen or the manner in which the theft was conducted. According to Oklahoma Statute Title 21, Section 1703, grand larceny occurs when:

• The property stolen exceeds a value of $1,000.
• The property, regardless of its value, is taken directly from the person of another.

In the alternative, petty theft is often a misdemeanor offense where the value of the goods is usually less than $500 but up to $1,000. This means it is a significant lower crime in the eyes of Oklahoma, but still a serious matter. This offense could cause the offender to spend up to one year in jail and a $1,000 fine.

Examples of Grand Larceny in Wagoner County

Instances of grand larceny in Wagoner County can vary widely but typically include scenarios such as:

1. Theft of Automobiles: Stealing a vehicle, given that most vehicles exceed the $1,000 value threshold.
2. Shoplifting High-Value Items: This could include electronics, jewelry, or other merchandise from retail stores where the total value of the items taken surpasses $1,000.
3. Burglary Involving Substantial Property Loss: Breaking into a home and stealing goods totaling more than $1,000.
4. Robbery: Taking anything of value directly from someone else’s person, which automatically qualifies as grand larceny regardless of the item’s value.

Charges for Grand Larceny

In Oklahoma, grand larceny is considered a felony offense. This means that it carries heavy and substantial penalties. The charges for grand larceny will often depend on the value of the property stolen and the specific circumstances of the crime. For property valued at more than $1,000, the offender can face imprisonment for up to 5 years or in a county jail for up to one year, as well as a fine up to $5,000.

If the property was taken directly from the person of another, regardless of the value, the penalties can be much more severe. This can mean a potential imprisonment for up to 8 years. Additionally, restitution to the victim is typically a requirement. As such, this will involve compensating the victim for the value of the stolen property and potentially more. The severity of the punishment reflects the seriousness with which Oklahoma law treats the crime of grand larceny. Their aim is to deter potential offenders and address the repercussions for the victims.

Defenses Against Grand Larceny Charges

Defending against a grand larceny charge in Wagoner County can involve several strategic legal arguments. These will depend on the circumstances surrounding the case, and the legal counsel you choose. Below are some common defense examples:

1. Claim of Right or Ownership: The defendant could argue that they in good faith thought they had a legitimate or legal claim to the property in question.
2. Lack of Intent: The defendant can claim that there was no intent to permanently deprive the owner of the property. This could be applicable in cases where there was a misunderstanding or confusion about the ownership or permission to use the property.
3. Mistake of Facts: This refers to situations where the defendant was under a misapprehension. This can be about certain facts which, if they were true, would make the action lawful.
4. Insufficient Evidence: The defense might also argue that the prosecution has failed to provide enough evidence. They must prove beyond a reasonable doubt that the defendant committed grand larceny.
5. Duress or Coercion: If the defendant can prove that they were under duress to commit the theft by threat of immediate harm, this could serve as a defense.

The ability to properly apply these defenses will ultimately come down to the capabilities of your defense counsel. It’s imperative to hire the right attorney to help you through this process to avoid easy mistakes.

Criminal Defense Attorneys Near You

Oklahoma treats grand larceny as a highly serious crime in Wagoner County. This is a reflection of its impact on victims and the community. For those accused, understanding the legal nuances and potential defenses is critical. As always, legal representation is key to navigating the complexities of such charges. this will help ensure a fair trial and the best possible outcome depending on the circumstances. Our criminal defense team at Wagoner County Attorneys can help you through these types of cases. Don’t let a bad situation turn into a worse one by limiting your legal options. You can call us today at 918-283-7394 for a free consultation. Additionally, you can reach us by using our Ask A Lawyer feature.