Larceny is a Crime
Larceny from a house or any other building is a crime of stealth. It is a type of theft. In Oklahoma, larceny is defined as taking another’s personal property through fraud or stealth with the intent to steal. Okla. Stat. tit. 21 § 1701
What is Larceny from A House?
Larceny from a house involves a person entering and stealing money or other property from a house. Okla. Stat. tit. 21 § 1723.
Aside from houses, this offense can entail taking property from a:
- camper’s tent
- railroad car
- booth (ex: vendor’s booth at a craft fair)
- or other temporary building
Larceny from a house is treated as a felony in Tulsa. It’s punishable by up to 5 years in prison. Okla. Stat. tit. 21 § 1724
Elements and Defenses to Larceny from a House
Defenses to this crime consist of facts or evidence that refute or disprove any element or elements of the crime. Here are the elements that the prosecution must prove for a conviction:
- unlawful taking and carrying away;
- of another’s personal property;
- without the consent of the owner;
- with the intent to steal, or, deprive permanently. Okla. Stat. tit. 21 § 1723; OUJI-CR 5-97
If any of these elements goes unproven, there is no conviction.
Burglary Compared
In Oklahoma, burglary in the first degree is defined as breaking and entering a home or other dwelling while a person is inside, with the intent to commit a crime inside the dwelling by:
- Intentionally breaking a wall, door, window, or lock;
- breaking in while armed with a dangerous weapon or with the help of others;
- picking a lock or using a false key;
- lifting a latch; or
- opening a window.
Burglary may involve the use of tools. Getting caught with burglary tools in Tulsa can lead to mandatory jailtime if you have already been convicted of burglary in the past.
The principal difference between larceny from a house and burglary is that the former must involve an intent to steal. Burglary does not necessarily involve an intent to steal. Burglary involves an intent to commit a crime inside. The type of crime is not specific.
Burglary also requires the presence of a person inside at the time of the burglary. Larceny from a house does not.
Burglary is a more serious crime and the penalties, if convicted, are stiffer.
Defenses to Larceny from a House
A Tulsa lawyer can help you understand what defenses may be available to you depending on your circumstances.
Here are some of the more common defenses:
Permission; Entry Was Lawful: Entering a building by mistake thinking it is another building for which you have permission to enter, may also be a defense.
No Intent to Deprive: Borrowing, using, and examining the property, may mitigate against an intent to deprive.
No Fraud or Stealth: An open and obvious taking is theft, but not larceny.
No Carrying Away: Picking an item up and putting it back down may not be enough to meet the required element.
Larceny from a house is a serious charge. If convicted, you could face time in prison. Get the help you need today.
Initial Strategy Session with a Tulsa Criminal Defense Attorney
These charges can be frightening to face alone. Contact a Tulsa criminal defense attorney 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 e-mail reply. One of our experienced lawyers in Tulsa will reach out to you promptly via phone or email.