Larceny is one of the most common property crimes charged in Tulsa County, yet many people misunderstand what legally counts as larceny under Oklahoma law. While the term is often used interchangeably with “theft,” Oklahoma’s criminal statutes define larceny in specific ways—based on how the property was taken, its value, and the intent of the person accused.
Defining Larceny Under Oklahoma Law
Oklahoma law defines larceny in Title 21 O.S. § 1701 as:
“The taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.”
In simple terms, larceny occurs when someone takes or carries away property that belongs to another person without consent and with the intent to permanently deprive the rightful owner of it. To secure a conviction, Tulsa County prosecutors must prove the following elements beyond a reasonable doubt:
- The defendant took personal property;
- The property belonged to another person;
- The taking was done by fraud or stealth; and
- The intent was to permanently deprive the owner of possession.
If any of these elements are missing—for example, if the accused believed they had permission to use the property—the charge may not meet the legal definition of larceny.
Petit vs. Grand Larceny in Oklahoma
Oklahoma distinguishes between petit larceny and grand larceny based on the value of the property taken and the circumstances of the theft.
Petit Larceny
Petit larceny applies when:
- The value of the property is less than $1,000, and
- The property was not taken directly from another person’s immediate possession (i.e., no physical confrontation).
Penalties for Petit Larceny:
Petit larceny is a misdemeanor in Oklahoma. Conviction may result in:
- Up to six months in county jail,
- A fine up to $500, or both; and
- Restitution to the property owner.
Even though petit larceny is a misdemeanor, it creates a permanent criminal record that can affect employment, professional licensing, and future background checks.
Grand Larceny
Grand larceny occurs when:
- The value of the property is $1,000 or more, or
- The property, regardless of value, was taken directly from the person or in their immediate presence.
Penalties for Grand Larceny:
Grand larceny is a felony, punishable by:
- Up to five years in state prison,
- Fines and restitution, and
- Permanent loss of certain civil rights if convicted.
In Tulsa County, the specific sentence often depends on the value of the property, whether the accused has prior convictions, and whether the theft involved aggravating factors such as breaking and entering or use of a weapon.
Common Examples of Larceny Crimes in Tulsa
Larceny charges can arise in a variety of everyday situations—some of which may involve misunderstanding, mistaken ownership, or false accusation. Common examples include:
- Shoplifting: Taking merchandise from a retail store without paying.
- Employee Theft: Removing cash, goods, or materials from an employer’s business.
- Auto Part or Tool Theft: Stealing car parts, construction tools, or farm equipment.
- Larceny of Lost Property: Keeping property found that clearly belongs to someone else (21 O.S. § 1713).
- Larceny from the Person: Taking property directly from another person, such as a purse or phone.
Each of these can fall under either petit or grand larceny depending on value and circumstances.
Larceny vs. Related Theft Offenses
Larceny is one category of theft under Oklahoma law, but it differs from other related crimes, such as:
- Burglary (21 O.S. § 1435): Entering a building or structure unlawfully with the intent to commit a crime (often larceny).
- Robbery (21 O.S. § 791): Taking property directly from a person through force or fear.
- Embezzlement (21 O.S. § 1451): Wrongfully converting property that was lawfully entrusted to you.
- Receiving Stolen Property (21 O.S. § 1713): Knowingly buying or concealing property that was stolen by someone else.
The distinction matters—while all involve wrongful taking, larceny is non-violent and typically involves stealth or deception rather than force.
Defenses to Larceny Charges in Oklahoma
Every larceny case is unique, and the right defense depends on the facts. Common defenses include:
- Lack of Intent: You did not intend to permanently deprive the owner of the property.
- Mistaken Ownership: You reasonably believed the property belonged to you or that you had permission to use it.
- False Accusation: Someone else took the property, or you were misidentified.
- Insufficient Evidence: Prosecutors cannot prove each element of larceny beyond a reasonable doubt.
- Value Dispute: The value of the property is less than alleged, reducing the charge from felony to misdemeanor.
A skilled Tulsa criminal defense attorney can analyze the evidence, question witnesses, and challenge how law enforcement handled the investigation or property valuation.
Tulsa Larceny Attorneys
Larceny may sound like a simple theft charge, but under Oklahoma law, it carries serious criminal and financial consequences. Whether you’re accused of shoplifting or facing a felony grand larceny charge, the right legal strategy can protect your rights and minimize the impact on your future. Get a Free consultation with the attorneys at Tulsa Criminal Lawyers Law Firm by calling us at 918.416.0358 or you can click here to ask a free criminal defense question online.