Receiving Stolen Property - Reasonable Inquire Required - 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,
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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.
Receiving Stolen Property - Reasonable Inquiry Required
Every person who buys or receives, in any manner, upon any consideration, personal property of a value of One Thousand Dollars ($1,000.00) or more that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner shall, upon conviction, be guilty of a felony punishable as follows:
1. If the value of the personal 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 Five Hundred Dollars ($500.00), or by both such fine and imprisonment;
2. If the value of the personal 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 fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment; or
3. If the value of the personal property is Fifteen Thousand Dollars ($15,000.00) or more, the person may 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 Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
If the personal property that has been stolen, embezzled, obtained by false pretense or robbery has a value of less than One Thousand Dollars ($1,000.00), the person shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for a maximum term of six (6) months.
Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it shall be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof. 21 O.S. 1713
Receiving Stolen Property - Elements
No person may be convicted of receiving stolen property unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) (receiving in exchange for anything of value )/ buying;
(2), stolen / embezzled / (fraudulently / feloniously obtained) personal property;
(3) (known / believed by the defendant) / (that the defendant reasonably should have known / believed) to have been stolen/embezzled / (fraudulently/ feloniously obtained);
(4) with the intent to (deprive permanently) / (aid the thief) / (obtain some gain / reward for restoring the property to the owner) / (derive a benefit/ profit). OUJI-CR 5-111
Receiving Stolen Property - Explanation of Possession
The possession of recently stolen property found in the possession of one alleged to have received it, knowing at the time or having reasonable cause to believe that it was stolen property, may be explained, but such possession is a circumstance, which, if unsatisfactorily explained to the jury, may be considered in determining the guilt or innocence of the person charged with concealing stolen property. the mere possession of property recently stolen is not alone sufficient to convict the possessor of knowingly concealing stolen property, but when such fact is supplemented with other facts inconsistent with the idea that the possession is honest, it then becomes a question of fact for the jury to pass upon as to the guilt of innocence of the defendant, of knowingly concealing stolen property. OUJI-CR 5-112
Receiving - Definition
Gaining possession of property through an exercise of dominion and control over the property, without regard to whether there is manual possession. OUJI-CR 5-114
Conceiving Stolen Property - Elements
No person may be convicted of concealing stolen property unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) concealing/withholding;
(2) stolen/embezzled / (fraudulently/feloniously obtained) personal property;
(3) from the owner / (person having possessory rights);
(4) (known / believed by the defendant) / (that the defendant reasonably should have known / believed) to have been stolen/embezzled / (fraudulently / feloniously obtained);
(5) with the intent to deprive permanently. OUJI-CR 5-113
Concealing - Definition
Hiding or secreting to prevent discovery. OUJI-CR 5-114
Receiving Unlawful Proceeds - Elements
No person may be convicted of receiving unlawful proceeds unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) knowingly/intentionally;
(2) receiving/acquiring proceeds;
(3) knowing that the proceeds were derived from [Specify Nature of Unlawful Activity as Defined in 21 O.S. Supp. 2014, § 2001(F), e.g., racketeering]; and
(4) knowingly/intentionally;
(5) concealing the proceeds].
OR
(5) engaging in transactions involving the proceeds]. OUJI-CR 5-114A
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
Receiving Stolen Property - Reasonable Inquiry Required
Theft of Aircraft, Automobile Driven Vehicle, or Construction or Farm Equipment
Seizure and Forfeiture of Vehicles, Airplanes, and Other Property Used in Crime
Receiving Stolen Property - Reasonable Inquiry Required 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.