Sometimes people use robbery and stealing interchangeably. Under Oklahoma law, however, robbery and larceny are different crimes. Both involve taking property that belongs to someone else, but the way the property is taken matters.
An Oklahoma City theft lawyer can review what happened and explain which charge may apply. One of the biggest questions is whether the accused used force or fear to take the property.
What Is Larceny in Oklahoma?
Larceny is a form of theft. Oklahoma law generally defines larceny as taking another person’s property through fraud or stealth with the intent to deprive the owner of it.
Larceny often happens without force or threats. For example, someone might take a bicycle from a porch, slip merchandise into a bag at a store, or take an item from another person without permission.
Oklahoma divides larceny into different levels. The charge can depend on the value and type of property involved and where or how it was taken. Taking property directly from another person, such as secretly taking something from a pocket, may be treated as grand larceny even without force.
What Is Robbery in Oklahoma?
Robbery involves taking property from another person or from that person’s immediate presence against their will by using force or fear. For example, secretly taking a wallet without the owner noticing may be larceny. Threatening the owner and demanding the wallet may be robbery. Oklahoma law also says that a secret taking completed without the person knowing is not robbery.
The value of the property is also less important in a robbery case. Even property worth very little can be the subject of robbery if it was taken in a way that meets the legal requirements.
First- and Second-Degree Robbery
Oklahoma separates robbery into degrees. First-degree robbery involves more serious conduct. It can include causing serious bodily injury, threatening immediate serious bodily injury, putting a person in fear of immediate serious bodily injury, or committing or threatening another felony against the person while committing the robbery.
A robbery that does not meet the requirements for first-degree robbery may be charged as second-degree robbery. Oklahoma also has separate laws for robbery involving dangerous weapons.
The Main Differences Between Robbery and Larceny
The easiest way to tell the two crimes apart is to look at how the property was taken:
- Force or fear: Robbery requires force or fear. Larceny does not.
- Contact with the victim: Robbery involves taking property from a person or from the person’s immediate presence. Larceny can happen without the owner being nearby.
- How the crime happened: A secret taking may be larceny, while a taking involving a threat or physical force may be robbery.
These details can make a significant difference in how a criminal case is charged.
Defenses to Robbery and Larceny Charges
The State must prove each part of the crime beyond a reasonable doubt. In a larceny case, questions may arise about who owned the property, whether the accused had permission to take it, or whether the accused intended to keep it from the owner.
A robbery case may also involve disputes about whether force or fear was used or whether the property was taken from the person or the person’s immediate presence. Because the two crimes have different legal requirements, even small details about what happened can affect the charge.
