What is the Difference Between Larceny And Robbery?
In the eyes of Oklahoma law, the difference between larceny and robbery isn't just a matter of semantics—it’s the difference between a "sneaky" crime and a "violent" one. While both involve taking something that doesn’t belong to you, the legal consequences and the methods used are worlds apart.
Here is the breakdown of how these two crimes are distinguished under the Oklahoma Statutes.
Larceny: The Crime of Stealth
Under 21 O.S. § 1701, larceny is defined as the taking of personal property accomplished by fraud or stealth, with the intent to deprive the owner of it.
The hallmark of larceny is that the victim often doesn't even know it’s happening until after the fact. If someone swipes a bicycle from an open garage in Midtown Tulsa or pockets a luxury watch from a retail store at Woodland Hills Mall, they have committed larceny. There is no physical confrontation and no threat.
Robbery: The Crime of Force
Robbery, defined under 21 O.S. § 791, is a much more serious offense. It is the wrongful taking of property from the person or immediate presence of another, against their will, accomplished by means of force or fear.
The defining element here is the victim's presence and the use of intimidation. If a person walks up to someone at a Quik Trip gas station, flashes a weapon (or even just threatens physical harm), and demands their wallet, that is robbery. It doesn't matter if the wallet contains $5 or $5,000—the use of "force or fear" automatically elevates the crime to a violent felony.
Why the Distinction Matters
In Tulsa courtrooms, the distinction is massive for sentencing. A petit larceny charge might result in a probation or minimal jail time. A 1st Degree Robbery conviction, however, falls under Oklahoma’s "85% Rule" for certain violent crimes, meaning the defendant must serve the vast majority of their sentence before even being eligible for parole.
Author: Brian J. Boeheim
Brought to you by: Boeheim Freema Law - Criminal Defense Attorneys - Tulsa, Oklahoma - 918-884-7791