What is larceny from a house in Oklahoma City? Is it the same as burglary?
Larceny and burglary in Oklahoma City are two different crimes that are treated quite differently under the law. Read on to learn more.
Burglary and Larceny Compared
Larceny is a theft of stealth. It is defined in Oklahoma laws as taking someone else’s personal property by fraud or stealth to deprive them of it. Okla. Stat. tit. 21 § 1701
Larceny is mainly identified by the stealth used to deprive another of his or her property. While both larceny and burglary may involve breaking in and entering, a defendant can be charged with larceny if the motive after entering is to steal something.
In the case of a burglary, the motive after entering does not need to be to steal. It can be to commit another felony. For instance, if a person breaks into a house intending to assault one of the occupants, they can be charged with first-degree burglary. Okla. Stat. tit. 21 § 1431
Another distinction between burglary and larceny is that the seriousness of a burglary charge is defined by degree. Burglary of the first degree is one that occurs when there is a person in a property when it is entered. The least severe burglary charge is one of the third degree.
Larceny, on the other hand, is either grand or petit.
Petit means small. It refers to stealing items of value less than $1,000 when the theft does not occur from the person of the victim.
When the property that was stolen is worth $1,000 or more or when it is taken from the person of the victim, regardless of value, the crime is defined as grand larceny. Okla. Stat. tit. 21 § 1704
What is Larceny from a House in Oklahoma?
Larceny from a house in Oklahoma is defined under two different laws.
The first describes grand larceny from a house or other vessel. This crime is treated as a felony in Oklahoma City. Upon conviction, the defendant faces up to eight years in prison without the option of a fine. Okla. Stat. tit. 21 § 1707
Any other larceny from a house, railroad truck, or other dwelling is also treated as a felony in Oklahoma City. The value of the item stolen or cash amount is not considered. In other words, the statute that describes this larceny does not specify that it should be grand. Okla. Stat. tit. 21 § 1723
If a defendant is convicted of this type of larceny from a house, they face up to five years in prison without the option of a fine. Okla. Stat. tit. 21 § 1724
Burden of Proof
The prosecutor must prove the following nine elements beyond a shadow of a doubt to obtain a conviction of larceny from a house in Oklahoma City.
- The unlawful
- entering into,
- taking,
- and carrying away
- personal property
- belonging to someone else
- from a house, railroad car, tent, booth, or temporary building
- by fraud or stealth,
- with the intent to deprive the owner permanently.
Initial Consultation: Oklahoma City Felony Defense Attorney
Committing larceny from a house in Oklahoma City may seem like no big deal, but you can actually face steep penalties.
If you’ve been accused of a crime, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW).
If you prefer, send your question directly to an Oklahoma City felony defense attorney by using the contact form at the top right side of this page.
All inquiries are confidential. Also, your first consultation is low-cost.