Grand Larceny: Big Theft
Grand larceny is really a fancy way of saying theft. But under Oklahoma law, there are different kinds of theft and different laws to address them. One way of categorizing the seriousness of a theft charge is by looking at the value of the thing stolen.
Another way to categorize it is by examining the risk of harm involved to the victim in the course of the theft. When items are valuable or there is a risk of harm to the victim, the crime is more serious and the penalties are higher. Grand larceny is a serious theft involving deceit or stealth (Okla. Stat. tit. 21 § 1703). An experienced defense attorney in Tulsa can help you fight a grand larceny charge.
Larceny Defined
Under Oklahoma law, larceny is legally defined as the taking of another person’s personal property by fraud or stealth, with the intent to deprive (Okla. Stat. tit. 21 § 1701). Larceny always involves fraud or stealth.
Grand larceny is either the taking of property worth $1,000 or more, the taking of firearms worth any amount of money, or the taking of other property directly from another person regardless of its value. All other larceny is petit larceny (Okla. Stat. tit. 21 § 1704. OUJI-CR 5-93).
If a person takes a gun from someone else or takes a new iPhone out of a person’s pocket and slips it into his own pocket with the intent to deprive the owner, that is grand larceny. The phone may be worth more than $1,000 and, even if it were less, taking anything directly from a person by stealth or deceit is considered to be grand larceny. Taking an old flip phone from a nightstand may be considered a lesser crime, petit larceny.
Grand Larceny: Elements That Must Be Proven
All crimes have certain elements that must be proven by the prosecutor beyond a reasonable doubt in order to get a conviction. Here are the elements of grand larceny in Oklahoma:
- The taking
- and carrying away
- of the personal property or one or more firearms
- of another
- valued at $1,000-$2,499.99, $2,500-$14,999.99, or $15,000 or more from the person of another
- by fraud/stealth
- with the intent to permanently deprive (OUJI-CR 5-93)
Defenses to Grand Larceny
If the prosecution is unable to prove any element of the crime, any facts or evidence that tend to disprove that element are relevant to a cognizable defense to the crime. Taking back property that belongs to you mitigates an element of the crime, so proof that the property belongs to you is important to your defense. Proof that you are borrowing an item mitigates against an intent to permanently deprive. However, judges and juries are smart. This type of claim must be credible to a jury.
Grand Larceny Penalties
Grand larceny is a felony in Oklahoma. Punishment depends in large part upon the amounts involved and other circumstances. At baseline, if convicted, you could face up to one year in county jail, a fine of up to $1,000, or both.
Penalties are higher for higher values or if the property taken includes firearms. If the property taken involves firearms, is any kind of property taken directly from a person, or is valued between $1,000 and $2,499, a person could face up to two years in prison or one year in county jail, a fine up to $1,000, or both.
If the property is valued from $2,500 to $14,999, a person could face up to five years in prison or up to one year in county jail, a fine of up to $1,000, or both. If the property is valued at $15,000 or more, a person could face up to eight years in prison in addition to fines.
If the theft happens directly from a person at night, a defendant can face up to ten years in prison (Okla. Stat. tit. 21 § 1708).
This is the type of charge you should never face alone. The stakes are too high. Get in touch with a skilled Tulsa felony defense attorney to find out what they can do to help.
Initial Strategy Session with a Tulsa Criminal Defense Attorney
These charges can be frightening to face alone. Contact the Tulsa criminal defense attorneys at Seventh Street Tulsa Law Firm for a initial, confidential consultation. Call today at (918) 932-2777. We’ve also provided a form on the right side of this page where you may send your question or inquiry and receive an email reply.