False Declaration of Ownership: What it is and How it Occurs
There are situations in which it is illegal to claim ownership of property that actually belongs to someone else. These situations move beyond the mere inflation of ego, to attempts to defraud. It is one thing to parade a beautiful diamond ring that was loaned to you claiming it is yours; it is another thing to try to sell or resell property that you claim belongs to you. A false declaration of ownership made for financial gain is illegal in Oklahoma. The penalties, if convicted, depend on the situation.
Here are the situations in which the claim is often made, and prosecuted.
Pawnshop Transactions Require A Declaration of Ownership
In Oklahoma, when you pawn an item for sale or loan, the pawnshop owner is required to obtain a declaration from you that you own the item you are pawning. The declaration is a legal affidavit. In addition to signing the affidavit of ownership, you must produce your legal ID. The declaration states how long you have owned the property and gives your identifying information. It becomes part of the bill of sale, and is meant to protect against the resale of stolen goods. Okla. Stat. tit. 59 § 1515
Making a false declaration of ownership or producing a fake ID in this situation is illegal, making this a type of theft by false pretenses.
The sentence in Oklahoma, if convicted, depends on the value of the property involved. If the property is worth more than $1,000, then the crime is a felony punishable either by up to five years in prison, or a county jail term of up to one year, and a fine up to $500, or both. Okla. Stat. tit. 59 § 1512
If the value of the property is less than $1,000, the crime is a misdemeanor punishable by a fine of up to $500, or by county jail time of up to six months, or both a fine and imprisonment.
If the property involves any sort of firearms, or if the property was obtained as a result of robbery or burglary, then regardless of the value of the property, the crime is treated as a felony and is punished as such.
Defenses for this crime are usually grounded in mistake. If the property comes to you honestly but was in fact stolen, you may have a viable defense to the crime. This is when you need an experienced criminal defense attorney to help you with your defense.
False Declaration of Ownership of a Vehicle: Junkyard Sales
Making a false representation of ownership of a vehicle in Oklahoma is against the law. This crime usually occurs when someone tries to sell a stolen car to the junkyard, for parts, or to a car “crusher.”
In Oklahoma, the crime is defined as falsely declaring that you own a piece of property — such as a vehicle — sufficient to transfer title, ownership, sell, gift or exchange it for money, goods, services or for other property. Okla. Stat. tit. 47 § 592.8
A car crusher is required to establish that a person has the legal right to sell a vehicle. Much like in the pawn shop setting, this can be done by a legal declaration of ownership.
The declaration must state that the vehicle is being purchased from the lawful owner, accompanied by a bill of sale from the lawful owner which includes a statement by that owner that there are no outstanding liens on the vehicle and a statement that the vehicle has no other resale value other than as scrap. The owner must also produce their ID as part of the transaction.
Making a false declaration of ownership or showing false ID in this situation is a felony in Oklahoma, punishable by either up to five years in prison or one year in the county jail at the court’s discretion, or a fine up to $1,000, or both. Okla. Stat. tit. 47 § 592.9
False Declaration of Ownership Through a Fake ID
Another way this crime occurs through the use of a false ID. Possessing, selling, or creating a false ID is a crime in Oklahoma. Knowingly possessing or purchasing a false ID in itself is a misdemeanor, which carries fines between $25 and $200.
The situation is more serious when you present that false ID as part of a false declaration of ownership in any commercial or financial transaction. To do so is a felony punishable by up to seven years in prison, or a fine up to $10,000, or both. Okla. Stat. tit. 21 § 1550.41
Selling Timber That Doesn’t Belong to You
Selling timber under false declaration of ownership is also illegal in Oklahoma. Much like making a false declaration in a pawnshop setting, the sentence here, if convicted, depends on the value of the property involved.
If the timber sold is valued at less than $200, the crime is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both.
If the timber sold is valued at more than $200, the crime is a felony punishable by up to five years in prison, a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 16-66
Initial Consultation: Tulsa Criminal Defense Attorney
A conviction can mean years in prison depending on the circumstances involved. If you or someone you know is accused of making a false declaration of ownership in Oklahoma, contact an experienced Tulsa criminal defense attorney to discuss your available legal options as soon as possible.
Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today, by calling (918) 756-9600, or toll-free at (888) 447-7262. The first consultation is low-cost.
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