Larceny from a retailer (otherwise known as shoplifting) sounds like a petty crime and in some ways, it can be. However, if you commit larceny from a retailer in McAlester, Oklahoma, you could end up behind bars.
Larceny From a Retailer in McAlester
Oklahoma defines larceny as the taking of someone else’s property, with the intent to deprive them of it, through the use of fraud or stealth. (Okla. Stat. tit.21 § 1701)
Larceny is often classified according to the value of the property stolen, with grand larceny defined as the taking of property in excess of $500 or the taking of property from the person of another regardless of the value of the property taken. All other larceny is petit larceny (“small”). (Okla. Stat. tit. 21 § 1704)
Oklahoma also has a specific statute that governs the act of larceny from a retailer. The statute specifically outlines the penalties upon conviction. (Okla. Stat. tit.21 § 1731)
In order to secure a conviction, the prosecution must prove that a defendant took an item from a retailer with the intent to keep it. If you unknowingly take an item, there is no intent to take the item or to keep it. This is a plausible defense that may be raised if the circumstances warrant it.
Oklahoma punishes this crime with escalating severity depending upon the number of shoplifting convictions you have had.
For a first conviction of larceny from a retailer where the property taken is valued at less than $500, a defendant may be convicted of a misdemeanor and punished by a fine from $10 to $500 and up to 30 days in jail. If the value of the property stolen is between $500 and $1,000, a defendant can face felony charges punishable by up to one year in jail and a fine up to $5,000.
The penalties increase with subsequent convictions. A second conviction for the theft of property valued less than $1,000 will be charged as a misdemeanor, punishable by a jail term of 30 days to one year and a fine up to $1,000.
If you are caught a third time and the property taken is valued at less than $1,000, you will be facing a felony punishable by a prison term of two to five years. If the property taken is worth more than $1,000. you could also be subject to a fine of up to $5,000 and ordered to pay restitution to the retailer.
Free Consultation: McAlester Criminal Defense Attorney
If you or someone you know has been accused of larceny from a retailer in Oklahoma, please contact a McAlester criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Office – McAlester today, by calling 918-302-9656.
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