The difference between robbery and larceny is like the difference between night and day. In Oklahoma, as in many jurisdictions, robbery and larceny are both considered theft crimes, but they have distinct elements and legal definitions. Both crimes are jailable offenses with robbery normally considered more severe. Other differences are found within the crime itself with both charges possessing aggravating factors. Let’s explore the differences between the two, as well as some potential defenses for each:
Robbery Crimes in Oklahoma
Robbery involves the use of force, threat of force, or intimidation to take property from another person’s possession. It’s a crime against a person as well as against property. In Oklahoma, robbery is generally considered a felony offense.
Elements of Robbery in Oklahoma:
- Taking of property: The act of taking property from another person.
- From the person’s presence or immediate control: The property must be taken directly from the person or from a location under their immediate control.
- By force, fear, or intimidation: The use of force, threat of force, or intimidation is required to either take the property or prevent resistance.
Burden of Proof in Robbery Crimes
As with all crimes in Oklahoma the burden of proving you guilty is on the State. This requires them to prove each element of the crime in order to get a guilty conviction. This means that the failure to prove one element like lack of force or intimidation will cost the state their case. Its also to understand that any jury hearing the case must come back with a unanimous guilty. If a single juror votes to not guilty they are forced to either recharge the accused or simply drop the case.
Defenses to Robbery: Some potential defenses to a robbery charge in Oklahoma might include:
- Lack of force or intimidation: If the prosecution cannot prove that force, fear, or intimidation was used to take the property, a robbery charge may not hold.
- Mistaken identity: If there is doubt regarding the identification of the alleged robber, a mistaken identity defense could be raised.
- Lack of intent: If it can be demonstrated that there was no intention to commit robbery, the charges might be reduced or dropped.
- Self-defense: If the accused believed they were in danger and used force to defend themselves, a self-defense argument might be raised.
Larceny Crimes in Oklahoma
Larceny, often referred to as theft or stealing, involves the unlawful taking and carrying away of someone else’s property with the intent to permanently deprive them of it. In Oklahoma, larceny can be classified as either petit larceny (a misdemeanor) or grand larceny (a felony) based on the value of the stolen property.
Elements of Larceny in Oklahoma:
- Taking and carrying away: The act of physically moving the property from its original location.
- Property of another: The property must belong to someone other than the defendant.
- Without consent: The property must be taken without the owner’s permission.
- Intent to permanently deprive: The defendant must intend to keep the property and not return it to the owner.
Defenses to Larceny: Some potential defenses to a larceny charge in Oklahoma might include:
- Claim of right: If the defendant believed they had a legitimate claim to the property, they might use a claim of right defense.
- Mistaken belief: If the defendant genuinely believed they had permission to take the property, a mistaken belief defense could be raised.
- Consent: If the owner consented to the defendant taking the property, this could be a strong defense against larceny.
- Lack of intent: If it can be shown that the defendant did not intend to permanently deprive the owner of the property, the charges could be challenged.
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Criminal Defense Attorneys in Tulsa
Difference between robbery and larceny is more than a degree of criminality. Both robbery and larceny charges in Oklahoma are serious and can end you up in Jail. Additionally, this kind of crime of dishonesty is looked on as particularly egregious by employers and others. The truth about this kind of charge is that the charge alone doesn’t tell the whole story. In many instances the state has over charged the case or the facts simply don’t add up to a conviction. Get a free consultation with a Tulsa, Oklahoma criminal defense attorney in your cornet. Call 918.743.2233 or click here to ask a legal question.
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