In order to understand how larceny from a house is treated in Tulsa, Oklahoma, you need to understand the crime of basic larceny. The two crimes are related.
What is Larceny in Tulsa?
In Tulsa, larceny is defined as the taking of another’s personal property through fraud or stealth with the intent to deprive. The theft occurs through either fraud or stealth. Okla. Stat. tit. 21 § 1701
The taking must be with the intent to deprive. Borrowing an item with the intent to return it does not constitute the intent to deprive.
What is Larceny from a House?
Larceny from a house is defined as entering and stealing money or other property from a house, a railroad car, a tent, a booth, or other temporary building. Okla. Stat. tit. 21 § 1723
The crime is treated as a felony and is punishable by up to five years in prison. Okla. Stat. tit. 21 § 1724
If you are being charged with larceny from a house, you could also be charged with grand larceny. Grand larceny involves the theft of property valued at $1,000 or more — or when a person takes property from the person of another, regardless of the item’s value. Okla. Stat. tit. 21 § 1704
All other larceny is petit larceny.
Grand larceny is punishable by up to eight years in prison.
Defenses to Larceny from a House
Defenses to this crime are grounded in refuting elements of the crime. Here are the elements that the prosecution must prove for a conviction. If any element is not proven, there is no conviction.
- unlawful entry;
- taking or carrying away
- the personal property
- of another
- from a house, railroad car, tent, booth, or temporary building
- by fraud or stealth
- with the intent to deprive permanently.
OUJI-CR 5-97
Any facts that disprove an element above are important.
Additional Considerations
Defenses are particular to each case and should be explored with an experienced Tulsa criminal defense attorney. But the following are examples of some of the defenses that may be available to you depending on the circumstances.
Entry Was Lawful: If you have permission to enter, there is no unlawful entry. So, permission is always important. Likewise, if you make a mistake and enter the wrong house, the entry of the wrong house is a mere mistake and not unlawful.
No Intent to Permanently Deprive: If you are borrowing a piece of property or taking it with the intent to use it and return it, there is no intent to permanently deprive.
No Fraud or Stealth: If the taking is open and obvious, while there may be a crime involved, the crime is not larceny.
There may be other defenses available to you. If you or a loved one are facing charges for larceny from a house, you should explore all your options with an experienced Tulsa criminal defense lawyer. Don’t delay.
Initial Consultation: Tulsa Criminal Defense Attorney
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.
Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll-free at 1-888-447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.