Basically, unauthorized use of a motor vehicle in Oklahoma is auto theft. The law states that any person who is not entitled to possession of a vehicle, including implements of animal husbandry, and who takes, uses, or drives the vehicle without the consent of the owner and with intent to deprive the owner of its use, even if only temporarily, shall be guilty of a felony. (Okla. Stat. tit.47 § 4-102)
Any felony conviction is a serious matter in McAlester, Oklahoma. It means jail. Here are some things that you might want to know.
In order to secure a conviction, a prosecutor must prove every element of the crime beyond a reasonable doubt. If the prosecutor is unable to prove any element of the crime, you go free.
Here are the elements of this crime:
(1) you are not the owner of the vehicle nor entitled to its possession;
(2) you intend to deprive the owner of the vehicle’s use; and
(3) you use the vehicle.
Defenses to the Crime
There are some defenses that are obvious. Permission is the most obvious. If you have permission to use the vehicle, you are entitled to its possession for the duration that you are given permission to use it.
Lack of intent is also an area of possible defense against unauthorized use of a motor vehicle in Oklahoma. The crime only requires a temporary intent to deprive, so even joyriding may subject you to exposure to conviction under this statute.
Penalties For Unauthorized Use of a Motor Vehicle in Oklahoma
The statute does not list a specific penalty for unauthorized use of a motor vehicle in Oklahoma. In cases like this, Oklahoma has a general felony sentence that is applied.
If convicted, you could face up to two years in prison and/or a fine up to $1,000.
Free Consultation: McAlester Criminal Defense Attorney
If you or someone you know has been accused of unauthorized use of a motor vehicle 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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