Both robbery and larceny are theft-related crimes in Oklahoma, but they are not the same offense. The key difference lies in how the someone takes there property and whether they use force or fear. Understanding how these crimes differ is important because the penalties and legal defenses can vary significantly.
What Is Larceny in Oklahoma?
Oklahoma defines larceny as the taking of another person’s property without their consent and with the intent to permanently deprive them of it. In simpler terms, larceny means stealing.
There are two main types of larceny:
- Petit larceny: Involves property valued at less than $1,000. Courts typically charge this as a misdemeanor.
- Grand larceny: Involves property valued at $1,000 or more, or property taken directly from another person (like pickpocketing), regardless of value. This is usually a felony.
Larceny does not involve the use of force or intimidation. Examples include:
- Shoplifting from a store.
- Stealing a bicycle from someone’s yard.
- Taking unattended property, such as a phone left on a table.
What Is Robbery in Oklahoma?
Robbery, defined under 21 O.S. § 791, is the taking of property from another person or in their immediate presence, against their will, through the use of force or fear.
There are two degrees of robbery in Oklahoma:
- First-degree robbery: Occurs when the robber causes serious bodily harm or uses a dangerous weapon.
- Second-degree robbery: Occurs when there is no weapon and no serious injury, but force or fear is still present.
Examples of robbery include:
- Snatching someone’s purse and threatening to harm them if they resist.
- Holding up a convenience store with a weapon.
- Forcing someone to hand over their phone through intimidation.
Key Differences Between Robbery and Larceny
Understanding the key differences between the two charges can help you understand what charges to expect:
- Use of Force or Fear
- Robbery: Requires force or threats.
- Larceny: Involves no force or intimidation.
- Location of Property
- Robbery: Property is taken directly from a person or their immediate presence.
- Larceny: Property can be taken from anywhere, even if the victim isn’t present.
- Severity of Charges
- Robbery is always a felony and carries harsher penalties.
- Larceny may be a misdemeanor or felony depending on value and circumstances.
Penalties
The penalties that a court assigns will vary based on the charges.
- Robbery: Can result in several years to life in prison, depending on whether it is first- or second-degree.
- Grand larceny: Felony charges may result in up to five years in prison.
- Petit larceny: Typically punished by up to one year in county jail and fines.
Why This Difference Matters
Being charged with robbery rather than larceny can mean the difference between facing misdemeanor penalties and decades in prison. The presence of force or threats significantly escalates the seriousness of the crime.
Tulsa Criminal Defense Lawyers
Both robbery and larceny are serious charges that can affect your freedom and future. If you’re facing charges of either crime, you need an experienced criminal defense attorney who understands Oklahoma theft laws and can protect your rights. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a free consultation.