What is Larceny?
In Oklahoma, larceny is defined as taking someone else’s property, with the intent to deprive them of it, through the use of fraud or stealth. Okla. Stat. tit. 21 § 1701. This is a broadly written statute and it can be construed to apply to a number of situations. It is divided between petit larceny for amounts under $500 and grand larceny for amounts $500 or more. Okla. Stat. tit. 21 § 1704. New statutes raise the threshold amount from $500 to $1,000 in the differentiation of petit larceny from grand larceny.
Larceny From a Dwelling: A More Serious Kind of Larceny
Larceny becomes a much more serious charge when you commit larceny from a house, dwelling or vessel. In Oklahoma, larceny from a dwelling is defined as entering and stealing any money or other thing of value from a house, railroad car, tent, booth or any sort of temporary building. Larceny from a house is a felony. Okla. Stat. tit. 21 § 1723.
The prosecution must prove all elements beyond a reasonable doubt in order to secure a conviction. The elements are that the offense:
1) is unlawful,
2) includes entry,
3) includes taking of property,
4) includes carrying away of property,
5) includes taking of personal property,
6) include property of another,
7) is from a house, railroad car, tent, booth or temporary building,
8) is committed by fraud or with stealth, and
9) is done with the intent to deprive permanently.
If any of these elements are unproven by the prosecution, there will be no conviction. Thus, defenses to the crime are targeted at the elements. If the entry is lawful – if you have permission to be within the property – you may have a defense. If you do not intend to permanently deprive the owner of the property, you may have a defense. Larceny from a house is differentiated from burglary, which requires a breaking and entering.
Your experienced Wagoner felony defense attorney can help you understand what defenses are applicable to your particular case.
Call For Your Free Consultation With An Experienced Felony Defense Attorney
If convicted of this crime in Oklahoma, you could years in prison. It is critical that you hire an experienced Wagoner felony defense attorney to protect your freedom.
Call us today for a free consultation with a Wagoner felony defense attorney. Call the Wirth Law Office-Wagoner at (918) 485-0335 or toll free at (888) Wirth-Law. Or as always, you may enter a legal question in the form at the top of this page and one of our attorneys will get right back to you.