A charge of false declaration of ownership in Oklahoma is not one commonly known outside of a Wagoner pawnshop. It is a charge that is most often levied with regard to a pawnshop transaction gone wrong.
FAQ: False Declaration of Ownership in Oklahoma
The nature of a pawnshop transaction is one of immediacy. You take a musical instrument into a pawnshop and the owner will give you money, either as a sale or a “loan,” holding the instrument as collateral until you pay the money back. If you fail to repay within the specified time, the pawnshop owner may sell the instrument to recoup his or her losses.
The immediacy of the transaction is based on the legitimacy of the article being pawned. If the item doesn’t in fact belong to the person pawning it, the owner could be in trouble.
To avoid trouble, in Oklahoma, a Wagoner pawnshop dealer is required to obtain a written declaration of ownership from the person pawning the item. The declaration of ownership requires the person to state how long he or she has owned the property to be pawned and to give identifying information on the declaration.
This declaration is actually part of the transaction between the person and the pawnshop owner. Making a false declaration of ownership in Wagoner is tantamount to a kind of theft by false pretenses. It is saying that you own the item. Okla. Stat. tit. 59 § 1515
Usually, when someone makes a false declaration of ownership in Oklahoma, the item has been stolen. But not always.
There are times that these cases arise from a mistake or from lack of knowledge. If someone gives you a gift that was once stolen, you could be on the hook even if you didn’t know it was stolen.
Penalties for False Declaration of Ownership in Wagoner
Making a false declaration of ownership in Oklahoma or using false or altered identification can be considered a felony crime, punishable by either imprisonment in the state penitentiary for up to five years or in the county jail for up to a year. In addition, if convicted, you may have to pay a fine of up to $500. Okla. Stat. tit. 59 § 1512
Jail time is always serious, especially when coupled with a felony conviction. When convicted of a felony, it may impact your ability to find employment after you are released, it impacts your ability to purchase a firearm, and it prevents you from holding certain professional licenses.
In addition, it is a felony crime in Oklahoma for a person to use false identification in connection with the commission of a felony in any commercial or financial transaction. So, presenting a false ID to a pawnbroker could get you charged with two felonies. Okla. Stat. tit. 21 § 1550.41
Using false identification to commit a felony crime or accelerate a commercial or financial transaction is punishable by a fine of up to $10,000, and imprisonment for up to seven years.
Free Consultation: Wagoner Felony Defense Attorney
If you or someone you know is accused of false declaration of ownership in Oklahoma, the felony defense attorneys at Wirth Law Office – Wagoner encourage you to schedule a free consultation to discuss what an experienced criminal defense attorney can do to resolve your legal matter.
Call a Wagoner felony defense attorney at 918-485-0335 to schedule your free, no-obligation consultation. You may also contact us by email using the form at the top of this page.