Have you been charged with shoplifting in Oklahoma City, Oklahoma? An Oklahoma City shoplifting lawyer at Overman Legal Group can help you understand the charge and your options for fighting it. Contact us at (405) 605-6718 to schedule a free consultation.
Our criminal defense attorneys have 40 years of combined experience and will work hard to ensure your rights are fully represented at every stage of the legal process. Contact us today to learn more about how we can help.
How Overman Legal Group Can Help If You Were Charged with Shoplifting in Oklahoma City, OK
An arrest for shoplifting in Oklahoma City, OK, might seem minor on the surface, but a conviction can have a sizable impact on your future. Overman Legal Group can help you stand up to the prosecution and develop a defense based on the facts and applicable law.
Our Oklahoma City criminal defense lawyers can help by:
- Investigating the circumstances of your arrest and the evidence against you
- Filing motions to suppress improperly obtained evidence when appropriate
- Challenging the prosecution’s ability to prove intent
- Negotiating with prosecutors to seek reduced or dismissed charges when possible
- Exploring diversion programs or other alternatives that may be available
- Representing you at court hearings and at trial if necessary
Every shoplifting case is different. Call us today to ask questions about your case and schedule a free initial consultation with an Oklahoma City theft crimes lawyer.
How Does the Oklahoma Shoplifting Law Apply in Oklahoma City?
Oklahoma generally handles shoplifting allegations under the state’s larceny laws. Under 21 O.S. § 1731, the law establishes penalties for the larceny of merchandise held for sale by a retailer or wholesaler.
Oklahoma law defines larceny as taking another person’s property by fraud or stealth with the intent to deprive that person of it. Oklahoma courts have interpreted this requirement to include an intent to permanently deprive the owner of the property.
Shoplifting allegations can arise when someone is accused of intentionally leaving a store without paying or otherwise using fraud or stealth to deprive a retailer of merchandise. Because intent matters, accidentally overlooking an item at checkout is different from deliberately stealing merchandise.
Our Oklahoma City shoplifting attorneys can help you understand how the specific circumstances of your case might be interpreted under Oklahoma’s larceny statutes and build a defense strategy.
What Are the Penalties for Shoplifting in Oklahoma City?
The penalties for shoplifting in Oklahoma depend largely on the value of the merchandise and the person’s prior criminal history. Charges can range from a misdemeanor to a felony.
If the merchandise is valued at less than $1,000, the offense is generally a misdemeanor:
- First or second conviction: Up to 30 days in county jail and a fine of $10 to $500. If more than one item was taken, the minimum fine is $50.
- Third or subsequent conviction: Up to one year in county jail and a fine of up to $1,000.
Retail larceny involving merchandise worth $1,000 or more is a felony under Oklahoma law.
The classification depends on the value of the property:
- $1,000 to less than $2,500: Class D3 felony
- $2,500 to less than $15,000: Class D1 felony
- $15,000 or more: Class C2 felony
For someone without qualifying prior convictions, those classes carry maximum prison terms of two years, five years, and seven years, respectively. Section 1731 also provides for a fine of up to $1,000 for felony retail larceny.
Prior qualifying convictions can increase the applicable sentencing range. An Oklahoma City criminal defense attorney can review your criminal history and the charge against you to determine which penalties may apply.
What Defenses Can I Raise Against Shoplifting Charges?
There are several defenses that can be raised depending on the facts and circumstances of your case.
Potential defenses include:
- You did not intend to steal the merchandise. Forgetting to pay for an item or accidentally leaving a store with unpurchased goods may undermine the prosecution’s ability to prove criminal intent.
- Law enforcement violated your constitutional rights. Depending on the circumstances, evidence obtained through an unlawful government search, seizure, interrogation, or arrest may be subject to suppression.
- The prosecution lacks sufficient evidence. The state must prove the charge beyond a reasonable doubt.
- You were misidentified. Mistaken identity can be an issue in cases involving eyewitness accounts or surveillance footage of limited quality.
- The value of the merchandise is disputed. The property’s value can affect whether the offense is charged as a misdemeanor or a felony and which felony classification applies.
Some defendants may also qualify for a diversion program. The Oklahoma County District Attorney’s Office operates misdemeanor diversion, treatment courts, and other programs that offer alternatives to prosecution for qualified defendants. Successful completion can result in dismissal of charges in some cases, but eligibility and outcomes depend on the circumstances.
No particular result can be guaranteed in advance. An Oklahoma City theft crimes attorney can review the evidence and determine which defenses or alternatives may be available.
Schedule a Free Consultation With Our Oklahoma City Shoplifting Lawyers Today
Shoplifting charges in Oklahoma City, OK, should be taken seriously, but a charge is not a conviction. Overman Legal Group can review the allegations, explain your options, and build a defense strategy based on the facts of your case.
Contact our Oklahoma City shoplifting attorneys today to learn more. During your free consultation, we can discuss the charge against you and the options that may be available.
