Theft, or stealing, is a crime that can have serious legal consequences in Oklahoma. If you’re facing theft charges, you might be wondering whether you could go to jail. The answer is yes—depending on the severity of the theft, jail time is a real possibility. However, the potential consequences you face will depend on several factors, such as the type of theft, the value of the stolen property, and whether you have a criminal history.
Here’s what you need to know about theft charges in Oklahoma and the possibility of jail time.
WHAT IS CONSIDERED STEALING IN OKLAHOMA?
In Oklahoma, stealing generally refers to the unlawful taking of someone else’s property with the intent to deprive them of it permanently. Theft offenses can be categorized based on the value of the stolen property, and the penalties for each type of theft vary accordingly.
10 TYPES OF THEFT AND PENALTIES IN OKLAHOMA
Theft laws in Oklahoma are divided into different categories, each covering serious theft-related offenses. Each category carries different penalties, and the likelihood of jail time depends on the specific offense.
1. Robbery
Robbery is a violent crime that involves taking property from another person by force, intimidation, or threats of harm. First Degree Robbery occurs when property is taken by force or fear, with the threat of serious bodily injury or actual harm. Those convicted of this crime can face 10 years to life in prison, with 85% of the sentence needing to be served before parole eligibility. Second Degree Robbery involves less serious forms of robbery and is punishable by 0 to 10 years in prison.
2. Larceny or Theft & Property Crimes
Larceny refers to the unlawful taking of property by fraud with the intent to deprive the rightful owner of it. There are different degrees of larceny based on the value of the stolen property.
- Grand Larceny: The penalties for grand larceny depend on the value of the stolen property and the circumstances. For property valued between $1,000 and $2,500 (including firearms or property taken directly from a person), the offender may face up to one year in jail or two years in prison, along with a $1,000 fine. For property valued between $2,500 and $15,000, the offender can face up to one year in jail or five years in prison, along with a $1,000 fine. For property valued at $15,000 or more, the offender can face up to eight years in prison and a $1,000 fine.
- Petit Larceny: In Oklahoma, petit larceny is considered the least severe theft offense. It involves stealing property valued at less than $1,000, and is classified as a misdemeanor. Those convicted of petit larceny may face up to one year in county jail and a fine of up to $1,000.
3. Knowingly Receiving or Concealing Stolen Property
If you are caught with property that you know, or should reasonably know, was stolen, embezzled, or obtained by fraudulent means, you can be charged with a felony offense in Oklahoma. This crime carries serious penalties, including 2 to 5 years in prison and fines up to $5,000.
4. Shoplifting
Shoplifting is a form of theft that involves taking merchandise from a store without paying for it. In Oklahoma, the penalties vary based on the value of the stolen items:
- First-time offenders (items valued under $500) may face a misdemeanor charge, with penalties of up to 30 days in jail or up to 1 year in jail.
- For subsequent offenses, or theft of higher-value goods, shoplifting is treated as a felony, punishable by 2 to 5 years in prison.
Shoplifting penalties also include the possibility of restitution (repayment) to the store for the value of the stolen items.
5. Burglary (Breaking and Entering)
Although not always classified as stealing in the traditional sense, burglary is closely related to theft. In Oklahoma, burglary (breaking into a building or structure to commit theft) is a felony offense, and it carries penalties including 2 to 7 years in prison (depending on the severity of the burglary). Even if you don’t take anything but enter someone’s home or business with the intent to steal, you can still be charged with burglary, which may carry significant prison time.
6. Auto Theft
Stealing a vehicle is a serious crime in Oklahoma. Depending on the value of the vehicle and any aggravating circumstances (such as whether the vehicle was stolen from a residence or involved in a crime), auto theft can lead to felony charges with penalties including 2 to 10 years in prison and fines of up to $10,000. If the stolen vehicle is worth more than $1,000, it will be classified as grand theft.
7. Theft of Livestock or Agricultural Products
Oklahoma takes the theft of livestock or agricultural products very seriously, especially because it impacts local farming communities. Stealing livestock or agricultural products can lead to felony charges with penalties including 2 to 7 years in prison and fines up to $5,000. These penalties reflect the serious financial impact such theft can have on farmers and ranchers in Oklahoma.
8. Stolen & Taken Credit Cards
In Oklahoma, it’s illegal to knowingly possess or use a credit card or debit card that was lost or stolen. The penalties for this crime can range from 0 to 3 years in prison.
9. Identity Theft
Identity theft is a broad and serious offense that involves the unlawful use of someone else’s personal identifying information (such as a Social Security number, credit card details, or date of birth) to obtain credit or property. Under Oklahoma law, it’s punishable by 0 to 5 years in prison and fines of up to $100,000. The victim may also be entitled to restitution and further damages. In extreme cases, identity theft can be prosecuted under the Racketeering (RICO) statute, with penalties ranging from 10 years to life in prison.
10. Federal Theft Crimes
Theft offenses can be charged in federal court if they occur on federal property, involve a federal agency as a victim, or cross state or federal borders. This includes theft of federal benefits like Social Security or military retirement, as well as crimes involving mail, the internet, or interstate communication.
OTHER THEFT & PROPERTY CRIMES
In addition to the crimes listed, there are numerous other types of theft and property crimes that our attorneys at Cannon & Associates have successfully defended. If you’re facing theft charges in Oklahoma, we have the experience and knowledge to provide the best defense possible.
Contact Cannon & Associates today at 405-591-3935 or contact us through the contact page on our website, to schedule your own Free Case Strategy Session.