Larceny is a very serious charge in Wagoner, Oklahoma and requires the assistance of an experienced Wagoner criminal defense attorney. According to Okla. Stat. tit. 21 §1701, larceny in Wagoner is defined as “the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.”
Larceny of a retailer is divided into two separate charges: petit larceny of merchandise and grand larceny of merchandise. The elements for petit larceny and grand larceny are identical with the exception of the value of the merchandise.
Elements of Larceny in Oklahoma
In order to prove that the defendant is guilty of larceny in Wagoner, the State must prove beyond a reasonable doubt the following elements:
- The defendant took
- And carried away
- Merchandise
- From a retailer
- By fraud or stealth
- With the intent to deprive permanently.
In addition to the above elements, if the value of the merchandise is less than $500, the charge is petit larceny. However, if the value of the merchandise exceeds $500, the charge will be grand larceny, which is a felony.
Oklahoma criminal statutes impose severe penalties for petit larceny and grand larceny. Because you may be facing a prison sentence and a fine, you need to contact an experienced Wagoner criminal defense lawyer to represent you at your trial.
Punishment for Larceny from a Retailer
The punishment for larceny in Wagoner depends on the value of the items stolen and the number of previous convictions. For charges of petit larceny (value of the items are less than $500), the penalties are determined by the number of previous offenses:
First Offense: Imprisonment in the county jail for no more than 30 days and a fine not to exceed $500.
Second Offense: Imprisonment in the county jail for at least 30 days but no more than one year and a fine of up to $1,000.
Third or Subsequent Offense: Imprisonment in the State Penitentiary for no less than two years but not more than five years.
Grand larceny (value of the items are more than $500 but less than $1,000) is a felony and is punishable by imprisonment in the county jail for no more than one year, a fine of up to $5,000 and restitution to the victim.
If the value of the item or items taken exceeds $1,000, the charge is also grand larceny but the punishment is imprisonment in the State Penitentiary for at least one year but no more than five years. The charge is also a felony.
Defending a Charge of Larceny in Wagoner
If you are charged with larceny, your Wagoner larceny attorney has several options available for your defense. Because the state must prove all seven elements of larceny in Wagoner, including the value of the item, beyond a reasonable doubt, your attorney can attack any one of the elements to overturn the charge. Creating reasonable doubt in just one of the elements is sufficient to defeat a charge of larceny.
You should contact a Wagoner criminal defense lawyer as soon as possible if you are charged with larceny in Wagoner. It is important for your attorney to begin working on your case as soon as possible to develop a strategy for a strong defense.
Initial Strategy Session: Wagoner Criminal Defense Attorney
For a low-cost consultation with a Wagoner, Oklahoma larceny attorney, call 918-485-0335. Or, as always, you may enter a legal question in the form at the top right of this page.
You are under no obligation after your initial consultation; therefore, we urge you to contact us to assist you with this criminal charge.
