Being caught in possession of a stolen vehicle Oklahoma in Okmulgee can be a serious matter depending on the circumstances.
There are several crimes that you can be charged with. Consequently, the circumstances surrounding the possession are important. Here is what you need to know about fighting a possession of a stolen vehicle Oklahoma charge.
Larceny
This is probably the most straightforward of the criminal charges you could be facing, and one of the most serious. Larceny is theft.
Under Oklahoma law, larceny is defined as the taking of personal property through fraud or stealth, and with the intent to deprive. Okla. Stat. tit. 21 § 1701
Grand larceny is the crime you would be charged with if the vehicle is worth $500 or more. Okla. Stat. tit. 21 § 1704
This is a felony offense, punishable by up to five years in prison and fines — in addition to paying the owner for restitution if the vehicle is lost or damaged. Okla. Stat. tit. 21 § 1705
Grand Theft Auto
Alternatively, you could be convicted of grand theft auto. This is arguably the most serious of the charges you could be facing in association with possession of a stolen vehicle Oklahoma.
The unauthorized possession or use of a vehicle, coupled with the intent to deprive the owner of possession or use, is a felony. Okla. Stat. tit. 47 § 4-102
If you are convicted, you could face imprisonment for 3 to 20 years, a fine of up to $500,000, and be ordered to pay restitution to the victim. Okla. Stat. tit. 21 § 1720
Joyriding
Joyriding is a less serious crime in Oklahoma. In Oklahoma, it is a crime for a person to drive or attempt to drive another person’s car without their consent. Okla. Stat. tit. 21 § 1787
The crime is treated as a misdemeanor. It is punishable by a fine between $100 and $500, up to a year in the county jail, or both. Okla. Stat. tit. 21 § 1788
So what is the major difference between theft and joyriding? While depriving someone of the possession of their vehicle is common to both charges, in joyriding, there is usually no intent to keep the car. Joyriding by its nature is a short-term experience.
Defenses to Possession of a Stolen Vehicle Oklahoma
Both larceny and grand theft auto are crimes of intent. This means that the prosecution must prove that you had the intent to deprive the owner of possession.
The other commonly used defense in these cases is consent. If you had the owner’s consent, or if consent was implied, there is no crime.
These defenses rely in large part on the circumstances of your case. Consult with an experienced Okmulgee criminal defense attorney before speaking to the police.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with possession of a stolen vehicle Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
