Wagoner Lawyer Blog What is Possession of a Stolen Vehicle in Wagoner?

possession of a stolen vehicle in OklahomaIn Wagoner, Oklahoma, possession of a stolen vehicle is defined as:

  • a person who is not entitled to the possession of a vehicle or an implement of husbandry such as a tractor
  • receiving, possessing, concealing, selling, or disposing of that vehicle,
  • knowing that it was either stolen or
  • was taken under other circumstances constituting a crime.

Okla. Stat. tit. 47 § 4-103

Proving Possession of a Stolen Vehicle

Possession of a stolen vehicle is a felony in Oklahoma.

The prosecutor must prove all the elements of the crime beyond a reasonable doubt:

  • That a person not entitled to possession of a vehicle;
  • received, possessed, concealed, or disposed of the vehicle; and
  • knew that it was stolen, or knew that it was converted under circumstances constituting a crime.

OUJI-CR 5-117

In order to be found guilty under of possession of a stolen vehicle, the perpetrator must know that the vehicle was stolen or converted. The perpetrator also must not have any legal grounds to be in possession.

If you purchase a vehicle, it must be a bonafide transaction. That means that if the car was stolen and you knew that the car was stolen, not only is there no valid sale of the car, but also you can be found guilty of a felony.

Looking at the elements above, possession can be shown by the element of physical control over the vehicle. Control can be shown by driving it, having it parked on your property, hiding it in a garage that you have control over, trying to sell the car, and the like.

The crime is punishable by up to two years in prison, a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 9

Theft of Vehicle

This crime can also be charged under a larceny statute. In Oklahoma, larceny is defined as taking another’s personal property through fraud or stealth with the intent to deprive. In its simplest form, larceny can be thought of as theft by stealth. Okla. Stat. tit. 21 § 170

In Oklahoma, any person who steals an aircraft, automobile, or piece construction or farm equipment can be convicted of a felony offense. This is punishable by 3 to 20 years in prison, a fine in the amount of 3 times the value of the stolen property (up to $500,000), or both. Okla. Stat. tit. 21 §1720

Penalties vary according to the circumstances and how the crime is charged. If you are being investigated or charged, you need an experienced Wagoner criminal defense lawyer advocating on your behalf to protect your freedom and your financial future.

Don’t try to explain the situation to the police. Their job is to gather evidence and they will work hard to put you away. Get an attorney who will work hard for you.

Free Consultation: Wagoner Criminal Defense Attorney

This can be a frightening time. The criminal defense lawyers at Wirth Law Office – Wagoner are here to provide you a free consultation to discuss what our team can do to handle your criminal matter.

Contact us at 918-485-0335 to schedule your confidential and no-cost consultation. You may also contact us by email using the form at the top of this page.

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