Larceny of Fixtures - Tulsa Trial Attorneys

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First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;

IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.

Larceny of Fixtures

Any fixture or part of realty, the instant it is severed from the realty becomes personal property, and the subject of larceny within the meaning of this article. 21 O.S. 1712

Larceny - Definition

Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof. 21 O.S. 1701

Grand Larceny - Definition

Grand larceny is larceny committed in either of the following cases:

1. When the property taken is of a value of One Thousand Dollars ($1,000.00) or greater; or

2. When such property, although not of a value of One Thousand Dollars ($1,000.00) or greater, is taken from the person of another. 21 O.S. 1704

Grand Larceny - Elements

No person may be convicted of grand larceny unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1), taking;

(2) carrying away;

(3) personal property;

(4) of another;

(5) (valued at more than $500) / (from the person of another);

(6) by fraud/stealth;

(7) with the intent to deprive permanently. OUJI-CR 5-93

Grand Larceny - Punishment

Grand larceny is a felony punishable as follows:

1. If the value of the property is less than One Thousand Dollars ($1,000.00), the person shall be punished by imprisonment in the county jail for a maximum term of one (1) year or by incarceration in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, or by a maximum fine of one Thousand Dollars ($1,000.00), or by both such imprisonment and fine;

2. If the property is one or more firearms, the property is taken from the person of another, or the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of two (2) years or in the county jail for a maximum term of one (1) year, or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;

3. In the event the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of five (5) years or in the county jail for a maximum term of one (1) year, or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or

4. If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of eight (8) years, or by a maximum fine of one Thousand Dollars ($1,000.00), or by both such imprisonment and fine. 21 O.S. 1705

Petit Larceny - Definition & Punishment

Petit larceny is theft of another’s property in which the value is below the grand larceny limit.

Petit larceny shall be punishable by a minimum fine of Ten Dollars ($10.00) or a maximum of Five Hundred Dollars ($500.00), or imprisonment in the county jail not to six (6) months, or by both such fine and imprisonment, at the discretion of the court. 21 O.S. 1706

Petit Larceny - Elements

No person may be convicted of petit larceny unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) taking;

(2) carrying away;

(3) personal property;

(4) of another;

(5) of value;

(6) by fraud/stealth;

(7) with the intent to deprive permanently. OUJI-CR 5-94

More Larceny Charges and Issues to Know

Larceny of Fixtures Litigation Expertise

Criminal defense charges in Oklahoma require an aggressive defense. No matter the charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending criminal charges, it is necessary to obtain representation quickly. Many times the best outcome is formulated and negotiated early in the process. The longer you wait to hire a criminal defense attorney the greater the stress and the greater the advantage to the prosecution.