In Oklahoma, receiving stolen property is a crime that involves knowingly acquiring or possessing property that has been stolen. This must be with the intent to deprive the rightful owner of their property. This charge is a theft or crime of honesty similar to a larceny charge. Although this crime is not considered a crime of violence, the District Attorneys in Oklahoma prosecutes this kind of crime with extra purpose because its not a victimless crime.
Charged as a Misdemeanor of Felony
The classification as a felony or misdemeanor depend on the value of the stolen property. This is critical to determining the severity of the charge. It is important to understand that determining the real value of the property is absolutely critical to your defense. Further, it’s not at all uncommon for the State to charge the offense as a felony by simply inflating the property value. It’s easy to imagine this by looking at the value when it was new versus when its used.
- Misdemeanor Receiving Stolen Property:
- If the value of the stolen property is less than $1,000, receiving stolen property is generally classified as a misdemeanor in Oklahoma. A misdemeanor conviction can result in penalties such as fines, probation, and up to one year in county jail.
- Felony Receiving Stolen Property:
- If the value of the stolen property is $1,000 or more, receiving stolen property is considered a felony in Oklahoma. Additionally, the degree of the felony may vary depending on the value and circumstances. Felonies are more serious offenses and carry harsher penalties, including potential prison sentences.
Defenses to Receiving Stolen Property:
- Lack of Knowledge: If you can demonstrate that you had no knowledge the property was stolen, it can be a strong defense. Proving lack of knowledge can be challenging, but it is a key element of the crime.
- Lack of Intent: Intent to permanently deprive the rightful owner of their property is a crucial element of the offense. Showing that you did not have the intent to permanently deprive the owner, it may be a defense. For example, if you believe the property was given to you as a gift or loan, and you had no knowledge it was stolen, this may be a defense.
- Consent of the Owner: If you can establish that you had the consent of the owner to possess or receive the property, it can be a defense.
- Mistaken Identity: If you were mistakenly identified as the person in possession of the stolen property.
- Chain of Custody Issues: If there are issues with the chain of custody of the stolen property or problems with how the evidence was handled, it may be possible to challenge the prosecution’s case.
More Information From Our Tulsa Criminal Lawyers Blog
Receiving Stolen Property Lawyers in Tulsa
It’s important to note that the specific circumstances of each case can vary, and defenses may differ accordingly. This applies to all crimes and defense charged by the both Tribal and State of Oklahoma prosecutors. When you have been charged with a crime you need serious help. This help must have experience with a broad range of criminal charges. If you or someone you know is facing charges of receiving stolen property in Oklahoma call the Tulsa Criminal Lawyers Law Firm for a free consultation. Call 918.416.0358 or click here to ask a free criminal defense question.