Larceny of Merchandise from Retailer or Wholesaler - Tulsa Trial Attorneys

Client Reviews From Larceny of Merchandise from Retailer or Wholesaler Cases

"I WOULD HAVE BEEN IN PRISON IF IT WASN'T FOR BRIAN AND CIERA.  I HAVE NEVER HAD AN ATTORNEY FIGHT FOR ME LIKE THEY DID."  T.W.

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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;

1. IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,

2. YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,

3. EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,

4. 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.

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

Larceny of Merchandise from Retailer or Wholesaler - Punishment - Subsequent Convictions

Larceny of merchandise held for sale in retail or wholesale establishments shall be punishable as follows:

1. For the first or second conviction, in the event the value of the goods, edible meat or other corporeal property which has been taken is less than One Thousand Dollars ($1,000.00), the person shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a maximum term of thirty (30) days, and by a minimum fine of Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00); provided, for the first or second conviction, in the event more than one item of goods, edible meat or other corporeal property has been taken, punishment shall be by imprisonment in the county jail for a maximum term of (30) days, and by a minimum fine of Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00);

2. For a third or subsequent conviction, in the event the value of the goods, edible meat or other corporeal property which has been taken is less than One Thousand Dollars ($1,000.00), the person shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a maximum term of one (1) year, and by a maximum fine of One Thousand Dollars ($1,000.00);

3. In the event the value of the goods, edible meat or other corporeal 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 guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of two (2) years, and by a maximum fine of One Thousand Dollars ($1,000.00);

4. In the event the value of the goods, edible meat or other corporeal 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 guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of five (5) years, and by a maximum fine of One Thousand Dollars ($1,000.00); or

5. In the event the value of the goods, edible meat or other corporeal property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of eight (8) years, and by a maximum fine of One Thousand Dollars ($ 1,000.00).

B. When three or more separate offenses under this section are committed within a ninety-day period, the value of the goods, edible meat or other corporeal property involved in each larceny offense may be aggregated to determine the total value for purposes of determining the appropriate punishment under this section.

C. In the event any person engages in conduct that is a violation of this section in concert with at least one other individual, such person shall be liable for the aggregate value of all items taken by all individuals. Such person may also be subject to the penalties set forth in Section 421 of this title, which shall be in addition to any other penalties provided for by law.

D. Any person convicted pursuant to the provisions of this section shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.Larceny - Definition 21 O.S. 1731

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 - 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 - Lost Property

• Petit Larceny

• Grand Larceny in Dwelling House

• Larceny in Nighttime

• Value of Stolen Written Instruments or Evidence of Debt

• Value of Stolen Passage Tickets

• Larceny of Fixtures

• Receiving Stolen Property - Reasonable Inquiry Required

• Receiving Stolen Construction or Farm Equipment Prohibited

• Unlawful Consumption of Gas

• Bringing Stolen Property into State

• Larceny of Livestock or Implements of Husbandry

• Larceny of Dogs

• Domestic Fowls, Larceny of Receiving Stolen Fowls

• Larceny of Domesticated Fish and Game

• Grand Larceny of Exotic Livestock

• Theft of Aircraft, Automobile Driven Vehicle, or Construction or Farm Equipment

• Tapping Pipeline

• Taking Oil, Gas, Gasoline

• Larceny from Building

• Copper - Stealing or Removing

• Possessing, Receiving or Transporting Stolen Copper

• Larceny of Merchandize from Retailer or Wholesaler

• Larceny of Trade Secrets

• Larceny of Cable Television Services

• Seizure and Forfeiture of Vehicles, Airplanes, and Other Property Used in Crime

• Library Theft

• Gasoline Pump Thievery

• Theft of Dimensional Stone Products

• Larceny of Automotive Driven Vehicle

Larceny of Merchandise from Retailer or Wholesaler 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.

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