Oklahoma Criminal Law
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Oklahoma law defines larceny as, “the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.” Title 21 O.S. Section 1701. Larceny is divided into two degrees, “...the first of which is termed grand larceny, the second petit larceny.” Title 21 O.S. Section 1703. Under Oklahoma law “Grand Larceny” is larceny where the value of the property exceeds $1,000 or the property is taken from the person of another, even though the value of the property does not exceed $1,000. Title 21 O.S. Section 1704. Under Oklahoma law “Petit Larceny” is the taking of personal property under the value of $1,000 and the property was not taken from another person.
Unless they are a multiple repeat offender, most people convicted of larceny are never sentenced to jail or prison. Most people facing larceny charges in Oklahoma will be offered either a deferred or suspended sentence and will be on probation with a condition of probation that they make restitution.
Petit larceny shall be punishable by a fine of not less than Ten Dollars ($10.00) or more than Five Hundred Dollars ($500.00), or imprisonment in the county jail not to six (6) months, or by both such fine and imprisonment, at the discretion of the court. Title 21 O.S. Section 1706
Under Oklahoma law grand larceny is NOT an eighty-five perecent (85%) charge and has a maximum punishment of eight (8) years in prison, and that is only if the amount taken exceeds $15,000. This means that even if a person received the maximum possible sentence of eight (8) years in prison, that most people would serve around three (3) calendar years in prison.
The statutory punishment for larceny in Oklahoma is as follows:
A. Grand larceny is a felony punishable as follows:
1. If the value of the property is less than One Thousand Dollars ($1,000.00), the person shall be punished by imprisonment in the county jail for a term not to exceed one (1) year or by incarceration in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the property is one or more firearms, the property is taken from the person of another, or the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed two (2) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. In the event the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed five (5) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or
4. If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed eight (8) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
B. The person shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.
Some people go to prison, not because of the crime they committed, but because of the way they handle the defense. Picking an experienced criminal lawyer is important. If you or a loved one are facing larceny charges in Oklahoma state court, the odds are that you will not go to prison if the case is handled properly. Read Hiring the best lawyer to defend your case.