Theft crimes involve crimes against property (such as larceny or knowingly concealing stolen property or embezzlement) to violent crimes such as robbery or burglary. Any crime involving a "taking" of property by force or fear, deception, fraud or basic stealing can be classified as a theft crime.
Embezzlement fraudulent appropriation of property from another; or possessing property that was entrusted for a specific purpose but using that property for another unauthorized purpose or use; or diverting property of another to an unauthorized use. The primary example is taking money or property from an employer and using it for the employee’s personal use rather than the business use.
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Burglary generally involves breaking and entering a dwelling or building. First Degree Burglary is a serious felony involving breaking into a dwelling house for the purpose of committing another felony (such as theft or harm to another)–generally while someone is at the home. Breaking and entering while armed and dangerous is also Burglary I. It is punishable by 7 to 20 years.
Burglary Second Degree is also a felony and involves breaking into a building other than a dwelling house (i.e., a storage shed, barn, business property, automobile/car, or even a vending machine, etc) with the intent to steal or commit a felony. The penalty range is 0 to 7 years for Burglary II.
There is a misdemeanor provision for “breaking and entering” with the intent to commit larceny or malicious mischief. It is punishable by up to one year in the County Jail and perhaps up to $500 fine.
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It is a crime to receive or conceal property that one knows or has reason to know to be stolen, embezzled or obtained by false pretenses. This crime is punishable by zero to 5 years in prison and/or up to a $5,000 fine.
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Robbery is technically a violent crime, but it involves taking property from another’s person. First Degree Robbery involves taking the property by force or fear, by causing bodily harm or by threat of serious bodily injury. Robbery I is punishable by 10 years to Life and requires that 85% of the sentence be served before being parole eligible. Second Degree Robbery is all other forms of robbery and is punishable by zero to 10 years in prison.
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Larceny is taking personal property by fraud or stealth with the intent to deprive the owner. This is simply theft or stealing in its most common definition. Grand Larceny can be a serious felony for theft of property more than $500 and may involve theft of cars, airplanes, livestock, cable tv, trade secrets, oil & gas equipment or materials, and other items of personal property. It can also be grand larceny to take personal property directly from a person. Grand theft is punishable by zero to 5 years in prison or for some circumstances 0-1 year in the County Jail and up to a $5,000 fine.
Petit Larceny is the theft of property under $500–when not taken directly from the person. It is a misdemeanor punishable by 0-6 month and up to $500 fine.
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Shoplifting is technically larceny of merchandise from a retailer, when the property is valued lower than $500. In other words, it is taking goods or merchandise from a merchant without permission and with the intent to keep those items or to deprive the merchant of the property or a sale — taking merchandise without paying. A first offense is a misdemeanor punishable by 0-30 days in jail or 0-1 year. A subsequent offense could be a felony punishable by as much as 2-5 years.
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It is a crime for a seller to make a false declaration of ownership to a pawn broker in exchange for cash. It is also a felony crime to present false identification to a pawnbroker. Both are punishable by up to 5 years in prison. It is also a felony crime for a pawnbroker to knowingly take stolen property or to sell a pledged item before expiration of the pledge agreement.
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Forgery by definition means to falsely make, alter, counterfeit or even destroy with the intent to defraud. First Degree Forgery involves forgery of stocks or securities (including checks) and the forgery of wills or codicils. The punishment range is 7 to 20 years if convicted. Other forms of forgery are charged as Forgery in the Second Degree, which is punishable by 0 to 7 years. Both are felony charges.It is also a crime to pass or utter forged documents or items (i.e., selling a fake Picaso or passing a fake check or money), or to falsely procure a signature on a check or contract or document with the intent to defraud.Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Forgery Crimes Lawyers and Attorneys.
Counterfeiting may involve all kinds of documents or personal property, but we most often use the term in association with creating fake currency or coins or checks.
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It is a crime for a person to receive, hold or conceal a credit card or a debit card which has been lost or mislaid under circumstances which give him knowledge or cause to inquire as to the true owner and appropriates that card to his own use. The punishment range is generally zero to 3 years if convicted.
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Lawyers and Attorneys.
It is a crime to obtain or attempt to obtain money, property or a thing of value from a person or corporation or entity, with the intent to cheat or defraud by any means of trick or deception or fale or fraudulent representation or statement or pretense (i.e, a con game) or by false or bogus check.
For property valued at less than $500, false pretenses is punishable by 0-1 year in jail. For property over $500, the punishment range is 0-1 year and up to $1,000 fine. For property valued at $1,000 or more, the crime can be punished by up to 10 years in prison and up to $5,000 in fines.
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It is a crime to utter or pass two or more false or bogus checks, bank drafts or money orders with the intent to defraud or cheat. For checks over $1,000, the crime is a felony punishable by up to 10 years in prison and a $5,000 fine. For checks between $500 and$1,000, it is still a felony and punishable by up to one year and a $5,000 fine. There is also a misdemeanor charge for uttering bogus checks if the amount is under $500.
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One does not have to commit a “pure” fraud (such as promising to perform a construction project and just taking the money without providing services) to commit a fraud under Oklahoma’s statute. The Oklahoma Legislature has created a special class of crimes for construction fraud when money is provided to a contractor for a specific use, but it is used for another purpose. Because the customer’s funds are held by the contractor in a constructive “trust” for a specific use, if the contractor pays his general bills and wages rather than using the money for your specific project (for example, buying your shingles with the materials deposit), the contractor can be charged with fraud.
This is a serious felony. Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Construction & Roofer Fraud Lawyers and Attorneys.
Fraud or fraud schemes can involve any attempts to obtain money or property by fraud or deceit. Examples are insurance fraud, medical fraud, obtaining prescriptions by fraud, advance fee schemes, construction fraud, Ponzi schemes, pyramid schemes, etc. These crimes are punished in both state and federal courts. It is also a crime to attempt fraud or to conspire with others to commit a fraud. We have addressed fraudulent schemes better in our federal crimes page because many fraud crimes are charged in federal court.
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Identity theft is a broad crime that can cover many areas. In its general sense, the law prohibits:
A. It is unlawful for any person to willfully and with fraudulent intent obtain the name, address, social security number, date of birth, place of business or employment, debit, credit or account numbers, driver license number, or any other personal identifying information of another person, living or dead, with intent to use, sell, or allow any other person to use or sell such personal identifying information to obtain or attempt to obtain money, credit, goods, property, or service in the name of the other person without the consent of that person.
B. It is unlawful for any person to use with fraudulent intent the personal identity of another person, living or dead, or any information relating to the personal identity of another person, living or dead, to obtain or attempt to obtain credit or anything of value.
C. It is unlawful for any person with fraudulent intent to lend, sell, or otherwise offer the use of such person’s own name, address, social security number, date of birth, or any other personal identifying information or document to any other person with the intent to allow such other person to use the personal identifying information or document to obtain or attempt to obtain any identifying document in the name of such other person.
D. It is unlawful for any person to willfully create, modify, alter or change any personal identifying information of another person with fraudulent intent to obtain any money, credit, goods, property, service or any benefit or thing of value, or to control, use, waste, hinder or encumber another person’s credit, accounts, goods, property, title, interests, benefits or entitlements without the consent of that person
Punishment for A, B, C or D is zero to 5 years in prison and up to $100,000 fine. Full restitution shall also be ordered, and the victim may even sue for additional damages for identity theft.
Identity theft can also be charged under Section 425 with Engaging in a Pattern of Criminal Offenses when person commits or attempts offenses in two or more counties in this state. Such activity is punishable by imprisonment for up to 2 years and a fine of up to $25,000.
In extreme cases, identity theft may be charged under the Racketeering or RICO statute. If convicted of racketeering, the punishment is 10 years to life in prison, with no deferred or probated sentence until half of the punishment is served and fines up to three times the value of the gain or loss caused by the racketeering activity.
If charged in federal court with aggravated identity theft, the range of punishment is up to 2 years for each count (or each identity or use of each identity). The sentences given must be served consecutively (i.e., the sentences are stacked for each identity theft count).
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Identity Theft Crimes Lawyers and Attorneys. Follow this link federal crimes to learn more about federal crimes and the federal criminal process because identity theft may be charged in federal court as well as State court.
Extortion involves obtaining money or property without consent by use of force or fear or induced by threats of harm. Attempts are punished by up to 2 years and completed crimes punishable by up to 5 years under Oklahoma law.
Blackmail is similar to extortion but involves some form of verbal or written communication with the intent to extort or gain any thing of value or to compel another to do an act against his will. Examples would include threatening to expose private information that would disgrace the victim or subject the victim to ridicule or contempt of society, threatening to accuse the victim of a crime or threatening to report the victim as being illegally present in the U.S. All are forms of blackmail. The punishment range is zero to 5 years if convicted.
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A theft crime may be charged in federal court if the crime occurred on federal property, involved a the federal government or its agencies as a victim, or the activity involved crossing state or federal borders to complete any part of the crime. Likewise, federal theft crimes would include theft of federal benefits like Social Security, military retirement, Medicare, Medicaid, and other federal program moneys. Many “fraud” crimes are also charged in federal court because the crimes involve use of the telephone, Internet, mail or delivery services and the like. Almost any “theft” crime can be charged in federal court if there is a federal nexus.
Follow this link federal crimes to learn more about federal crimes and the federal criminal process because theft crimes may be charged in federal court as well as State court.
Other theft crimes too numerous to mention have also been investigated and defended by Mr. Wyatt. When you need an Oklahoma Theft Crimes Defense Lawyers and Attorneys, call the Wyatt Law Office at 405.234.5500.
Call the Wyatt Law Office at 405.234.5500 for your experienced Oklahoma Theft Crimes Lawyers and Attorneys. Your future is our business.