If you are found in any way in possession of a stolen vehicle in Oklahoma City, you could end up doing time in prison. You are not allowed under law to receive, conceal, possess, sell, or dispose of a vehicle that you know is stolen or obtained under any other unlawful methods. Okla. Stat. tit. 47 § 4-103
Elements of Possession of a Stolen Vehicle in Oklahoma
Possession of a stolen vehicle in Oklahoma City is tried as a felony and is punished harshly. But just like in any other case, the state must prove the case against you.
The prosecutor must prove the following three elements beyond a shadow of a doubt to obtain a conviction.
- A person not entitled to have a vehicle
- possessed, disposed of, received, or concealed the vehicle
- with full knowledge that it was stolen or with full knowledge that it was converted under certain specific circumstances that constitute a crime.
Stealing a Vehicle
Vehicle theft is tried as grand larceny. The crime is a felony in Oklahoma. The severity of the punishment meted out for this crime increases as the worth of the vehicle increases.
Larceny is defined as the taking of the personal property of another by stealth to keep it. Okla. Stat. tit. 21 § 1701
If you are found in possession of a stolen vehicle, you can be tried for grand larceny even if you are not the one who took the car. You can escape larceny charges if you can prove that you did not know the vehicle was stolen.
The law requires a reasonable inquiry to be made to determine if you did indeed know that the vehicle in your possession was stolen. If you have a car, but you do not make an inquiry to confirm the ownership of the vehicle as a reasonable person would were they in your position, you will be assumed to have knowingly possessed a stolen car. Okla. Stat. tit. 21 § 1713
Possible Defenses
It must be emphasized here that defending yourself on felony charges against a tenacious and unyielding Oklahoma City prosecutor is not advisable. It is best to retain one of the best Oklahoma City criminal defense attorneys if you hope to avoid jail time or hefty fines.
Possible defenses that a lawyer can use include permission. If it can be proven in court that the defendant had permission to have the vehicle, then the case against the defendant could be dismissed.
Another possible defense is that of knowledge. The prosecutor must prove that the defendant knew they had a stolen or converted vehicle. Successfully discounting this element of the crime could lead to the case against the defendant being thrown out.
Penalties for Possession of a Stolen Vehicle in Oklahoma
If a defendant is convicted of possession of a vehicle without permission from the owner, that person could face up to two years in prison. Okla. Stat. tit. 47 § 4-102
The value of a vehicle in a car theft case determines the punishment meted out. If the vehicle is worth less than $1,000, the defendant may be found guilty of a misdemeanor. The penalty for this crime may be up to six months in jail, a fine of up to $500, or both.
If the value of the vehicle stolen is more than $1,000, the defendant could be found guilty of a felony. He or she would face up to a year in jail or up to five years in prison. The court could also impose a fine of up to $500 in addition to or in lieu of incarceration.
Initial Consultation: Oklahoma City Criminal Defense Attorney
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Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
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