If you are caught in Muskogee in possession of a stolen car Oklahoma, there are several crimes that you can be charged with.
Larceny
This is the most straightforward of the crimes you could be charged with in connection to a stolen car Oklahoma.
Under Oklahoma law, larceny is defined as the taking of personal property through fraud or stealth, and with intent to deprive. Okla. Stat. tit. 21 § 1701
If the stolen car Oklahoma is worth under $500, the crime would be classified as petit (small) larceny. If the car is worth more than $500, the crime would be classified as grand (big) larceny. Okla. Stat. tit. 21 § 1704
Most cars are worth more than $500; those crimes are felonies punishable by up to five years imprisonment, possible fines, and restitution to the car owner. Okla. Stat. tit. 21 § 1705
Theft is punishable by 3 to 20 years incarceration, a fine three times the value of the property stolen, or both. The payment of restitution is always required upon being convicted of this crime. Okla. Stat. tit. 21 § 1720
Joyriding
Joyriding is a less serious crime in Oklahoma. In Muskogee, 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 and is punishable by a fine between $100 and $500, up to a year in 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.
Carjacking
Carjacking is a much more serious crime. It involves force or the threat of force and is often prosecuted under the general robbery statutes in Oklahoma.
Robbery is defined as the wrongful taking of another’s personal property from that person’s body or from the immediate surrounding area by means of force or fear. The use of force or fear in taking something from the person of another makes this a crime against a person rather than an ordinary theft. Okla. Stat. tit.21 § 791
The penalties for robbery fall either under first or second-degree robbery. In first-degree robbery, the assailant inflicts or threatens serious bodily harm, puts the victims in fear of immediate serious bodily injury, or commits or threatens to commit a felony against a person. All other robberies are charged as second degree. Okla. Stat. tit.21 § 797
In addition, if the carjacking takes place with the use of a deadly weapon, the jail sentence may be subject to the 85% rule. This means that if convicted, you will have to serve 85% of your prison sentence before you are released. Okla. Stat. tit. 21 § 13.1
Low-cost Consultation: Muskogee Felony Defense Attorney
It is critical that you hire an experienced Muskogee criminal defense attorney if you are being investigated for any charge related to a stolen car Oklahoma.
Let a Muskogee felony defense attorney speak for you and protect your rights.
For a no-cost, no-obligation consultation with an experienced criminal defense attorney at the Wirth Law Office – Muskogee, call 918-913-0725 or toll-free at 1-888-447-7262 (Wirth Law).
