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Property Crimes

Oklahoma Property Crime Defense Attorneys

Robust & Strategic Defense for Property Crimes in OK

While property crimes are commonly associated with rowdy teenagers and minor penalties, a conviction can result in life-altering consequences. If you’re facing property crime charges in Oklahoma, consulting a trusted property crime defense lawyer is imperative to safeguard your freedom and future. 

Facing property crime charges can be overwhelming, but you’re not alone. Hunsucker Legal Group has decades of experience and a proven track record of results in criminal court, giving you peace of mind that your case is prioritized. With tens of thousands of cases handled and a success rate of over 90%, our attorneys are well-equipped to advocate for the fair outcome you deserve.

If you’re accused of a property crime in Oklahoma, you deserve an experienced defense. Contact us online to request a free case evaluation. 

Common Property Crimes We Defend Against

At Hunsucker Legal Group, our knowledgeable attorneys defend against a wide range of property crimes. Common cases we handle include:

Breaking & Entering

Breaking and entering is defined as unlawfully entering a building, booth, tent, vessel, or any other structure with or without the intent to commit any felony, larceny, or malicious mischief, but not with the intent to commit burglary (21 O.S. § 1438).

It’s important to understand that forced entry is not required to face criminal charges—simply entering the property without permission constitutes breaking and entering. This is a misdemeanor offense that carries up to one year in jail and a maximum fine of $500. 

Burglary

Burglary involves unlawfully entering a dwelling, building, or vehicle with the intent to commit a crime, such as theft or another felony. While similar to breaking and entering, burglary is a separate and more serious offense because it is a crime of intent. 

Burglary is always a felony offense, but the penalties will vary depending on the degree:

  1. First-degree burglary, also known as home invasion, involves breaking into an occupied building with the intent to commit a crime. A conviction carries a minimum of seven years in prison and a maximum sentence of 20 years (21 O.S. § 1431).
  2. Second-degree burglary is committed by breaking into an unoccupied home or dwelling with the intent to commit theft or a felony. A conviction carries a minimum of two to seven years in prison (21 O.S. § 1435(A)).
  3. Third-degree burglary involves breaking and entering, climbing under, or using a jackstand or other items to raise any motor vehicle, trailer, or vessel with intent to steal property or commit a felony. A conviction carries up to five years in prison and a maximum fine of $5,000 (21 O.S. § 1435(B)).

Receiving Stolen Property

Knowingly purchasing, receiving, or concealing stolen property is illegal under 21 O.S. § 1713. If a person is found to be in knowing possession of stolen goods or reasonably should have known that the items were stolen, they may be charged with receiving stolen property

This crime can be charged as a misdemeanor or felony, depending on the value of the stolen property. Property valued at $1,000 or more is a felony punishable by a $500 fine and one to five years in jail, while property valued at less than $1,000 is a misdemeanor punishable by up to one year in jail. 

Robbery

Robbery is defined as taking property directly from another person through force, threat, or fear. First-degree involves committing theft by: 

  1. Inflicting serious bodily injury.
  2. Threatening a person with serious bodily injury.
  3. Intentionally putting a person in fear of immediate serious bodily injury.
  4. Committing or threatening to commit a felony upon the person. 

When robbery is accomplished in any other manner, it is considered robbery in the second degree (21 O.S. § 797). Both are felony offenses that carry up to ten years of imprisonment. Additional offenses include conjoint robbery (a felony committed by two or more persons punishable by five to 50 years in prison) and armed robbery (a felony involving the use of a dangerous weapon punishable by a minimum of five years in prison). 

Shoplifting

Shoplifting or “larceny of merchandise” is a crime committed by knowingly taking merchandise from a store or other retail establishment without paying. This may include acts like hiding items, switching price tags, or using any method to take goods without paying the proper amount (21 O.S. § 1731). 

Shoplifting may be charged as petit larceny or grand larceny if the value of the stolen items exceeds $1,000. 

Petit Larceny

The penalties for petit larceny depend on the specific offense: 

  1. A first offense is a misdemeanor that carries up to 30 days in jail and a maximum fine of $500 (21 O.S. § 1731(1)).
  2. A second offense is a misdemeanor that carries at least 30 days to one year in jail and a maximum fine of $1,000 (21 O.S. § 1731(2)).  
  3. A third or subsequent offense is a felony that carries at least two to five years in prison (21 O.S. § 1731(3)). 

Keep in mind that state law also imposes civil penalties for shoplifting charges, making it crucial to secure a strong defense as soon as possible.

Grand Larceny

If the value of the stolen goods is greater than $1,000, the defendant is guilty of grand larceny. This felony offense carries two to five years in prison and a maximum fine of $5,000, as well as potential restitution to the victim (21 O.S. § 1731(4)). 

Vandalism (Malicious Mischief)

Vandalism (“malicious mischief”) is defined as the intentional destruction, damage, or defacement of someone else’s property without permission, such as breaking windows, spray-painting graffiti on buildings, or damaging vehicles (21 O.S. § 1760). The defendant must have intent to harm or deface the property to face vandalism charges. 

Vandalism is typically a misdemeanor offense unless the damage exceeds $1,000, which can escalate the charge to a felony. Defendants can also face felony charges if they have two or more prior convictions on their record. Potential penalties include incarceration, fines, community service, and restitution for damages.

How Can I Defend Against Property Crime Charges?

There are various legal strategies to defend against property offenses. Common defenses include: 

  • Mistake of fact. If you mistakenly believed you had the right to possess or use the property, this may be an effective defense strategy to employ in criminal court. 
  • Insufficient evidence. If the prosecution lacks sufficient evidence to meet the burden of proof in your case, we can work to drop or reduce the charges.
  • Unlawful search and seizure. If law enforcement violated your constitutional rights by conducting an illegal search or seizure, we can fight to dismiss unlawfully obtained evidence from your case. 
  • Lack of intent. Property crimes often require the offender to act with intent. If you had no intent to commit a crime, we can work diligently to drop or reduce the charges you’re facing. 

Aggressively Defending Oklahomans Since 1997

Being arrested for a property crime can be scary, but you don’t have to fight the charges alone. At Hunsucker Legal Group, we understand that even good people make mistakes. When you call our firm, you’ll put decades of experience and a board-certified criminal law specialist on your side. Our goal is to provide the strategic and tailored defense you deserve while aggressively protecting your rights and reputation.

Don’t let a property crime conviction ruin your future in Oklahoma. Call (405) 544-2992 to schedule a free consultation with our seasoned defense lawyers.

  • DEFENDING OVER 300 CRIMINAL CASES A YEAR John Hunsucker, Director on the Board of the Oklahoma Criminal Defense Lawyer’s Association
    Serving as Oklahoma’s NCDD State Delegate, John is also a Faculty Member of the National College for DUI Defense. John and the Hunsucker team surpass the required continuing education each year and train and/or instruct not only on a statewide level, but nationally also.

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