If you find yourself accused of larceny crime in Wagoner, it’s important to understand exactly what that entails. Here’s more on what constitutes larceny, the possible penalties, and the defenses potentially available to you if charged.
Classification of Larceny Crime Offenses
A Larceny crime, as defined by the Oklahoma Statutes §21-1701, involves the unlawful taking of personal property. The taking must be through deceit or stealth, with the intent to permanently deprive the rightful owner of it
A Larceny crime in Oklahoma is classified based on the value of the property taken. The law also looks at the circumstances under which the crime was committed. These classifications determine both the severity of the charges you may face and the penalties.
Petit and Grand Larceny
There are two primary degrees of larceny: petit larceny and grand larceny. Petit larceny involves property valued at less than One Thousand Dollars ($1,000), while grand larceny pertains to property exceeding this value or taken directly from another person regardless of the value.
Penalties for Petit Larceny
If you are convicted of petit larceny, the consequences can be significant despite it being considered a lesser offense. You could face fines ranging from $10 to $500, or you may be sentenced to up to six months in the county jail. In many cases, both a fine and imprisonment may be applied.
Consequences for Grand Larceny
The penalties for grand larceny are more severe. Depending on the value of the stolen property and specific circumstances, you could face up to five years in prison, fines up to $5,000, or both. Additionally, if the grand larceny occurs in a dwelling or from a person during the nighttime, the maximum prison time increases up to ten years.
Larceny of Lost Property
A special case of larceny under Oklahoma law is the larceny of lost property. If you find property and know or should know who the owner is, you must make reasonable efforts to return it. Failing to do so, especially if you use the property for your own benefit, qualifies as larceny. The penalties for this crime range from misdemeanors to felonies, depending on the value of the property, and can include fines, imprisonment, or both.
Defenses Against Larceny Charges
In facing charges of larceny, several defenses might be applicable, depending on your situation. A common defense is the lack of intent to steal, which can be argued if you believed that you had a right to the property or were unaware that the property was not yours to take. Mistake of fact, if proven, can effectively counter the accusation that you intended to commit theft.
Another potential defense is the claim of ownership or right of possession. If you genuinely believed that the property belonged to you this could serve as a valid defense. Additionally, if you made a significant effort to find the owner of lost property before using it yourself, this could also help in reducing the severity of the charges or leading to acquittal.
Wagoner County Larceny Lawyer
If you are facing a larceny crime in Wagoner County, it is critical to seek legal help. Understanding the specifics of your charges is important. This includes the possible penalties, and the defenses available to you. Always remember that each situation is unique, and a larceny crime attorney can get you through it. Our criminal defense attorneys provide advice tailored to your specific circumstances. They can help you understand your rights and the best steps to take in defending against these serious allegations. Get in touch with Kania Law – Wagoner Attorneys (918) 283-7394 or online for a consultation.
