If you’re in Oklahoma and find yourself accused of receiving stolen property charges, it’s important to understand exactly what this means and the defenses available to you. Under Oklahoma law, receiving stolen property is a crime that varies in severity based on the value of the property involved. Here’s a closer look at Oklahoma law on stolen property and some potential defenses to charges.
Oklahoma Receiving Stolen Property Law
What does it mean to be facing receiving stolen property charges in Oklahoma? According to Oklahoma Statutes Sections 1713v1 and 1713v2, if you buy, receive, or even help conceal any personal property that’s been stolen, embezzled, obtained by false pretense, or robbery, and this property is worth $1,000 or more, you could be charged with a felony. The penalties can be quite severe, ranging from a year in county jail to five years in state custody, along with possible fines. If the property’s value is less than $1,000, it’s still a crime but classified as a misdemeanor, carrying a lighter sentence.
An important point to note is the law’s emphasis on “knowing or having reasonable cause to believe” the property was obtained illegally. This element is important because it targets your awareness of the property’s origins. The law also addresses situations where you might not have direct knowledge but are in circumstances that should prompt you to inquire about the legality of the property. Failing to make a reasonable inquiry can lead to a presumption of guilt, though this can be rebutted.
Receiving Stolen Property Charges and Defenses
Now, let’s talk about defenses. If you find yourself facing such charges, several defenses might be applicable depending on your situation:
- Lack of Knowledge: The most straightforward defense is proving that you didn’t know, and had no reason to suspect, that the property was stolen. This defense challenges the prosecution’s claim that you had knowledge or should have had reasonable cause to believe the property was illegal.
- Intent to Return: In some cases, if you can demonstrate that your intent was to return the property to its rightful owner or the authorities, this could serve as a defense. It shows that you didn’t intend to permanently deprive the owner of their property.
- Ownership Claim: If you genuinely believe that you have a legal claim to the property, this could be a valid defense. For instance, if you bought an item in good faith from a source you believed to be legitimate, you might argue that you were unaware of its stolen status.
- Insufficient Evidence: Sometimes, the best defense is simply highlighting the lack of evidence. If the prosecution can’t prove beyond a reasonable doubt that you knew the property was stolen or that you should have made an inquiry, this can be a strong defense.
Criminal Defense Lawyers Near You
Facing receiving stolen property charges in Oklahoma is a serious matter with potentially severe consequences. Understanding the law and the available defenses is the first step in navigating these charges. Sometimes the charge can be dismissed or reduced depending on the facts. Whether it’s challenging the prosecution’s evidence or presenting a valid defense like lack of knowledge or intent, it’s important to approach your case informed and prepared. Remember, every situation is different, so seeking personalized legal advice is always the best course of action. Tulsa Criminal Lawyers defend clients accused of theft offenses, including receiving stolen property in Oklahoma. If you’re facing criminal charges, contact Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or online to explore your options.