With the popularity of video games like Grand Theft Auto and slick heist movies like Oceans 11, most people throw around the terms larceny and theft interchangeably. But when it comes to the law, learning exactly what larceny and theft are is important. The differences impact your future if you’ve been charged with these crimes.
What Is Theft?
Theft is legally defined in Oklahoma as taking someone else's property without authorization and with the intent to deprive them of it permanently. As you can probably guess from that definition, this term is broad enough to be applied in many different situations. That’s why “theft” encompasses several criminal acts under Oklahoma law.
More specifically, Oklahoma statutes do not use theft as a standalone crime, but rather describe various actions that qualify as theft, such as:
- Larceny: Taking personal property through fraud or stealth, with the intent to permanently deprive that person of their property
- Burglary: Breaking and entering a building or occupied structure with the intent to commit a theft or any felony
- Robbery: Taking personal property from another person by force or fear
- Embezzlement: Misappropriating or misapplying money or valuable items by a person to whom the property is entrusted
Each category is treated distinctly in terms of legal definitions, charges, and penalties; and each legal case will heavily consider the specific circumstances of how the property was taken.
Larceny is Type of Theft
So, the answer to the question “What is larceny and theft?” is that these are not distinct and separate charges. Larceny is a type of theft.
In Oklahoma, there are two types of larceny, distinguished primarily by the value of the property stolen:
- Petit Larceny: When the value of the stolen property is less than $1,000, it is considered petit larceny, which is a misdemeanor in Oklahoma.
- Grand Larceny: When the value of the property stolen exceeds $1,000, the offense is classified as grand larceny, which is a felony.
Being convicted of larceny, or any other type of theft, will mean fines, jail time, or both, depending on the specifics of your case and whether you have any prior offenses. Keep reading to learn about what larceny and theft penalties to expect if you’re faced with these charges.
Criminal Penalties for Larceny and Theft of All Types
While the law does outline the consequences of committing the different types of theft (including larceny), keep in mind the exact penalties can vary based on the circumstances of the criminal case, the value of the stolen property, the defendant's criminal history, and whether there were any aggravating factors. In other words, use this information as a guideline and not gospel:
Petit Larceny
In Oklahoma, the penalties for petit larceny (a misdemeanor offense that involves the theft of property valued at less than $1,000) are typically:
- First Offense: Fine up to $500 and/or up to 6 months in jail
- Subsequent Offenses: Varies, but usually includes longer jail terms and higher fines
Additionally, the court might also order restitution, which requires the offender to compensate the victim for the value of the stolen property.
Grand Larceny
The penalties for grand larceny (a felony offense that involves the theft of property valued at more than $1,000) are more severe than those for petit larceny and can include:
- If the value of the stolen property is over $1,000 but less than $2,500:
- Up to 2 years in prison or up to 1 year in county jail, and/or
- Fine up to $1,000
- If the value of the stolen property is $2,500 or more:
- Between 2 to 5 years in prison, and/or
- Fine up to $5,000
Again, the courts often order restitution to the victim.
Burglary
In Oklahoma, burglary is categorized into three different degrees:
- First-Degree Burglary: Illegally entering a dwelling (a place where someone lives) to commit a crime and either assaulting or physically harming another person, or using or threatening immediate force against another person
- Penalty: 7 to 20 years in prison
- Second-Degree Burglary: Breaking into any building that is not a dwelling to steal or commit a felony
- Penalty: 2 to 7 years in prison
- Third-Degree Burglary: Breaking into vehicles (cars, trucks, etc.) to steal property
- Penalty: Up to 5 years in prison
Clearly, the penalties for burglary are serious, especially when it involves homes or confrontations with occupants. These penalties will be enhanced even further if the offender has prior convictions or if the burglary involves other aggravating factors such as the presence of weapons.
Robbery
Robbery also is treated as a serious crime that is categorized into different degrees:
- First-Degree Robbery (Armed Robbery): Taking personal property from another person while using a dangerous weapon or imitation firearm, or causing serious bodily injury to the victim during the act
- Penalty: A minimum of 10 years in prison, but can be significantly higher based on the circumstances, including life imprisonment without the possibility of parole
- Second-Degree Robbery: Taking personal property from another person by force or fear, without the aggravating factors required for first-degree robbery
- Penalty: 5 to 10 years in prison
Embezzlement
In Oklahoma, the penalties for embezzlement depend on the value of the property embezzled. For example:
- Value less than $1,000 (misdemeanor)
- Penalty: Up to 1 year in county jail and/or a fine of up to $1,000.
- Value $1,000 to less than $25,000 (felony)
- Penalty: Up to 5 years in prison, and/or a fine of up to $5,000, or double the value of the embezzled property, whichever is higher
- Value $25,000 or more (felony)
- Penalty: Up to 10 years in prison, and/or a fine of up to $10,000, or double the value of the embezzled property, whichever is higher
And yes, the court may order restitution and require the defendant to repay the value of the embezzled funds or property.
Common Criminal Defense Strategies for Theft
The potential penalties aside, it’s helpful to learn about what larceny and theft legal strategies are commonly used in these cases. Below are some common defense strategies, which can vary depending on the specifics of the case, the evidence presented, and the type of theft alleged:
- Lack of Intent: A key element of larceny and theft is the intent to steal. A defense attorney might argue that the defendant did not intend to permanently deprive the owner of the property, which could be due to misunderstanding or belief that they had permission to use or take the property.
- Claim of Right or Ownership: This defense argues that the defendant believed in good faith that they had a legitimate claim to the property in question. If the defendant can show they genuinely thought the property belonged to them or they had a right to possess it, this can be a valid defense.
- Consent: If the defendant can prove that the property owner gave consent for them to take the property, this can negate allegations of theft. Consent must be proven to have been given without coercion or misunderstanding.
- Duress or Coercion: This defense claims that the defendant was forced to commit the theft under threat of violence or some other form of coercion. This can sometimes shift the blame from the defendant to the person exerting the coercion.
- Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. If a defendant can prove entrapment, this can be a complete defense to a larceny or theft charge.
- Mistake of Fact: This involves demonstrating that the defendant made an honest and reasonable mistake that led to the wrongful appropriation of property. For instance, taking someone else's property believing it to be theirs due to similar appearance.
- Insufficient Evidence: This is a common defense strategy where the defense argues that the prosecution has not met its burden of proof. If the evidence presented is inadequate to prove every element of theft beyond a reasonable doubt, the defendant should be acquitted.
- Return of Property: While not a defense to the charge of larceny or theft itself, returning the stolen property can sometimes be used to mitigate the situation, possibly leading to lesser charges or penalties.
The effectiveness of any defense depends on the circumstances of the case and the skill of your defense attorney when presenting the argument. An experienced attorney will evaluate your specific case and help you build a strong argument based on the facts.
If you still need an answer to the question “What is larceny and theft?” contact us today. Our expert criminal defense lawyers have decades of experience handling theft cases and can help you understand your charges and determine the best course of action.