Grand larceny charges in Creek County can be scary, but understanding what it means is crucial when you’re facing charges. These charges can carry life-altering consequences you need to prepare for. By understanding what the charges mean for you, you’ll be able to better understand what to expect. In this article, we’ll discuss what the charges are, potential consequences, and some potential defenses you have against them.
Understanding Grand Larceny
Under Oklahoma law, larceny involves the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it. When the value of the stolen property exceeds $1,000, the crime is elevated to grand larceny. This is a felony offense, carrying severe penalties, such as:
- Unlawful Taking: The property was taken without the owner’s consent.
- Intent: The defendant intended to permanently deprive the owner of the property.
- Value Exceeding $1,000: The value of the stolen property must exceed $1,000.
For the prosecution to secure a conviction for grand larceny, they must prove these elements beyond a reasonable doubt to the court. It is not enough for them to think you did it, they have to show it. This is one of many reasons it is strongly advised to have an attorney with you during any talks with the police. Their training revolves around getting you to talk about the case in depth to incriminate yourself. By letting your lawyer do their job for you, you are protecting yourself through silence.
Potential Penalties
Oklahoma law poses several penalties under O.S. § 21-1705. This statute outlines the consequences of grand larceny charges. If convicted of grand larceny in Oklahoma, you could face:
- Imprisonment: Up to five years in prison for a first offense. However, subsequent offenses can lead to harsher penalties.
- Fines and Restitution: Significant fines, which can vary based on the specifics of the case and the defendant’s criminal history. Additionally, you may be required to compensate the victim for the value of the stolen property.
- Criminal Record: A felony conviction can result in a permanent criminal record, affecting employment, housing, and other aspects of life.
While these are just some potential penalties, the exact ones will depend on the specifics of the case. Each case will be on the basis of what is taken and the value. Ultimately, the severity and nature of the theft will help the court to determine the outcome.
Defending Against a Grand Larceny Charge
Fighting a grand larceny charge involves a thought-out approach. Some potential defenses can include:
- Lack of Intent: Demonstrating that you did not intend to permanently deprive the owner of the property, such as showing that you believe the property was yours or that there was intention to return it.
- Mistaken Identity: If there is insufficient evidence to prove that you were the one who committed the theft, this can form the basis of a defense.
- Value of the Property: Challenging the valuation of the stolen property can sometimes reduce the charge from grand larceny to petty larceny, which carries lesser penalties.
- Consent: If you can prove that you had the owner’s consent to take the property, this can negate the charge of larceny. Additionally, witnesses to the owner’s consent could be useful.
- Insufficient Evidence: In some cases, the prosecution may not have enough evidence to meet the burden of proof. Afterwards, your attorney can file motions to dismiss the charges based on lack of evidence.
These defenses will hinge upon the strength of your case. A proper criminal defense attorney will be able to look at the details of your case and create the best defense for your situation. Thus, this will be your best chance at lowering or dismissing all charges.
Creek County Criminal Defense Attorneys
A grand larceny charge in Oklahoma is a serious matter, but with the right approach and a skilled attorney by your side, you can best work to fight the charges. Understanding all aspects of the charges as well as the options you have is crucial. When facing grand larceny charges, your first and most important step is to contact an attorney. Our team at Creek County Attorneys can help you through the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.