Generally, robbery means using force or fear to wrongfully taking someone’s personal property from them against that person’s will. There are several types of robbery crimes in Oklahoma. First degree robbery means that when the theft was being committed, there was also a threat or act of serious bodily injury upon the owner. First degree robbery is a felony that carries ten years in prison at minimum. Second degree robbery means there was not a threat or act of serious bodily injury and it carries up to 10 years in prison. The range of punishment for using a firearm, including even a toy gun, during a robbery is from five years to life in prison.
Burglary describes using force to enter a place with the intent to commit a crime. There are three types of burglary crimes in Oklahoma. Third degree burglary is used to describe breaking into an automobile with the intent to steal something from it. Second degree burglary is when someone breaks into a house or building that is unoccupied with the intent to steal something from inside. First degree burglary is the most serious burglary charge. It means that someone forcibly entered a dwelling place with the intent to steal something or commit a crime and there was someone else inside. First, second and third degree burglary are all felonies. Burglary in the first degree carries between seven and twenty years in prison. Burglary in the second degree carries up to seven years in prison, and burglary in the third degree carries up to five years in prison. Even if there is no intent or plan to steal or commit a crime inside a place, it is still a crime to forcibly enter a place without permission.
Larceny is defined as wrongfully and intentionally taking someone's personal property by fraud or stealth. Generally, there are two types of larceny: grand larceny and petit larceny. Grand larceny is used to describe when the property taken is worth $1,000 or more or when the property is taken from another person. Petit larceny is a lesser charge for when the property taken is worth less than $1,000. Larceny is also described as a "crime against possession," because the person from whom the property is wrongfully taken does not technically have to be the owner of the property. An owner of property can actually be charged with larceny of their own property if they take their property away from someone who has lawful possession of the property.
Embezzlement is used to describe when someone is entrusted with property, including money, and the property is misused or stolen. It is called a "crime against ownership," since the person originally had legal access or possession of the property before committing the crime. Embezzlement of property worth less than $1,000 is a misdemeanor. Embezzlement of property worth more than $1,000 is a felony.
Other Stealing and Theft Crimes
It is a crime to knowingly receive stolen property from someone else. it is a crime to trick or cheat someone out of their money or property. It is a crime to take someone's property with that person's consent if force or fear was wrongfully used to obtain their consent.
How an Oklahoma Criminal Defense Lawyer Can Help You
Every criminal charge has different parts, or elements. When a criminal case goes to trial, the government has to prove each element of the charge beyond a reasonable doubt. If the prosecutor fails to prove just one element of a charge, the defendant must be acquitted. In addition, there are defenses to many crimes. For example, a person accused of knowingly receiving stolen property can present evidence in their defense that they have an acceptable explanation and that their possession of the property was honest. If you are charged with a crime of stealing or wrongfully taking property, you need an experienced defense lawyer to help you as soon as possible. Each of our attorneys is an active member of the Oklahoma Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers. We have real training and criminal trial experience, so we can help you assess the strength and weakness of any investigation or charge brought against you.