Larceny and burglary are both crimes in Oklahoma. Both of the crimes are related to theft of property and sometimes service. As it relates to all crimes, each crime has different elements from each other. Understanding the elements is critical for a person charged with a crime. The reason for this is that each crime has different ranges of punishment in the event of a conviction. The elements of the crime are also important because each element must be proven by the state before a person can be found guilty.
Larceny Crimes In Oklahoma
- Larceny, often referred to as theft, is the unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of that property.
- It does not involve breaking and entering a structure or dwelling to commit the theft. Instead, it typically occurs when a person wrongfully takes property without permission.
- Larceny can be a misdemeanor or a felony, depending on the value of the stolen property and the laws of the specific jurisdiction.
Types Of Larceny
- In Oklahoma, larceny is considered a crime related to dishonesty. The name larceny can describe several different degrees of the charge. In its broadest definition its used as a general term describing the unlawful taking and carrying away of someone else’s personal property. The taking of another’s property must be done with the intent to permanently deprive the owner of that property. While Oklahoma law does not necessarily categorize larceny into distinct types, it does specify different degrees of larceny based on the value and nature of the stolen property. The degree is extremally important because this will help determine a range of punishment or if they offer a deferred or suspended sentence. Its not unusual for a criminal defense attorney to argue that the property in question was worth less than what the prosecutor claims so that the charge can be reduced or disputed entirely.
- Petit Larceny or Shoplifting (Misdemeanor):
- Petit larceny, also known as petty theft, is the theft of property with a value of less than $1,000.
- In Oklahoma, it is generally classified as a misdemeanor, which can result in fines and up to one year in county jail upon conviction.
- Grand Larceny (Felony):
- Grand larceny involves theft of property with a value of $1,000 or more.
- Depending on the value of the stolen property, grand larceny can be charged as a felony in Oklahoma. The penalties for grand larceny can vary based on the value of the property stolen, with higher values resulting in more severe punishments.
Burglary Crimes in Oklahoma
- Burglary is a crime that involves unlawfully entering a building or structure (such as a home, business, or even a vehicle) with the intent to commit a crime inside, typically theft or another felony, such as assault or vandalism.
- Unlike larceny, burglary involves breaking and entering. This means that the act of entering the premises without authorization, even if nothing is stolen, can still constitute burglary if there was an intent to commit a crime inside.
- Burglary is usually considered a more serious offense than simple larceny and is often classified as a felony. The severity of the charges can vary based on factors such as whether the building was occupied at the time of entry and the nature of the intended crime.
In Oklahoma, burglary is a crime a little like trespassing. Burglary requires the unlawfully entering a building or structure with the intent to commit a crime inside. The crime intending to commit usually involves some kind of theft or some other felony. While Oklahoma law doesn’t categorize burglary into distinct types, it does differentiate between degrees of burglary based on the circumstances and elements of the offense. Just like larceny, criminal defense attorneys will argue of the details or elements that change the charge from one degree toa another. Once again, like is the case of larceny, this is done to reduce the potential sentence or to get the case dismissed altogether.
Degrees Of Burglary
- First-Degree Burglary (Felony):
- First-degree burglary in Oklahoma is the most serious form of burglary.
- It involves unlawfully entering an inhabited dwelling, such as a home or an occupied building, with the intent to commit a crime inside.
- This crime is classified as a felony, and the penalties can be severe, including significant prison time.
- Second-Degree Burglary (Felony):
- Second-degree burglary encompasses all other burglaries that do not meet the criteria for first-degree burglary.
- This includes unlawfully entering commercial buildings, unoccupied dwellings, and structures like garages, sheds, or barns with the intent to commit a crime inside.
- Second-degree burglary is also classified as a felony, with penalties that depend on the specific circumstances and factors involved
Oklahoma Larceny and Burglary Lawyers
As you can tell from the reading a big job for a criminal defense attorney is to argue over what crime is being charged and what degree the crime is charged as. Its not unusual for the State to over-charge a crime. They will sometimes do this so they can get additional jail time. Other times they might do this so that they have more leverage to make you take a plea deal. If you want a Free consultation with one of our Tulsa larceny and burglary attorneys at Kania Law office call 918.743.2233. Or click this link to ask a free legal question.
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