Petit larceny is defined in Muskogee, Oklahoma as theft by stealth or fraud of an item worth less than $1,000 and not taken from the person of another. Okla. Stat. tit. 21 § 1704
The other type of larceny is grand or big. This occurs when what is stolen is worth $1,000 or more. When an item is taken away from the person of another, the crime is treated as grand larceny — regardless of the value of the stolen item.
While grand larceny is tried as a felony in Oklahoma, petit larceny is tried as a misdemeanor.
Shoplifting in Oklahoma is referred to as larceny from a retailer. It is a theft of stealth and is therefore treated as larceny. Larceny from a retailer is treated differently in Muskogee than other larcenies. Shoplifting is often petit larceny.
Burden of Proof
The prosecutor must prove the following elements beyond a shadow of a doubt to obtain a conviction for this crime.
- Taking and
- carrying away
- the personal property
- of another
- of value
- by fraud or stealth
- with the intent to deprive permanently.
Penalties for Petit Larceny
Punishment for petit larceny is by fine, imprisonment, or both at the discretion of the court. If a jail term is required, it cannot exceed six months. Fines for this crime are between $10 and $500. Okla. Stat. tit. 21 § 1706
If you are convicted of larceny from a retailer in Muskogee, you face more severe consequences — even if your crime was petit. The penalties for shoplifting get worse for higher valued items, but also as the number of convictions increase. You could end up facing felony charges if what was shoplifted was worth between $500 and $1,000.
When charged for shoplifting, you also pay punitive damages and the merchant’s attorney fees. Thus, shoplifting can be an expensive crime if you get convicted.
Depending on the particular circumstances of each case, there are possible defenses. Discounting any one of the elements that the prosecutor must prove creates a possible defense. For instance, the defendant can argue that there was no intention to deprive permanently.
To say there was no intention to deprive permanently is a possible defense when something has been taken away by mistake. It also makes a possible defense when what is considered stolen had just been borrowed.
It must be emphasized, though, that only an experienced lawyer can determine what makes a solid defense.
Free Consultation: Muskogee Criminal Defense Lawyer
A petit larceny conviction can be costly and devastating to you and your loved ones. You face possible incarceration, financial penalties, and the problems that come with having a criminal record.
These developments in your life after a conviction can significantly change your life for worse. Retain an experienced Muskogee defense lawyer who will work hard to protect you and your freedom.
Our Muskogee criminal defense lawyers offer free initial consultations so we can learn the facts of your case and provide realistic suggestions about how your matter might be addressed.
Call 918-884-7774 today and talk to our legal experts. You can also submit the question form at the top right of this page.