According to the Oklahoma State Bureau of Investigation (OSBI), there were 10,892 cases of motor vehicle theft in Oklahoma in 2023, making it the sixth most common type of “crime against property.” But don’t let its classification fool you – stealing a motor vehicle is far from a victimless crime, and auto theft charges can mean severe penalties and a felony on your record.
Types of Auto Theft Charges in Oklahoma
In Oklahoma, auto theft charges fall under several different categories depending on intent: If you intend to permanently deprive someone of the property, that’s larceny, the most serious of the crimes. But there are also other situations that could land you in trouble. Here are some of the most common.
Theft of Aircraft, Automotive Driven Vehicle, or Equipment
When you think of auto theft charges, you’re probably thinking of the most straightforward definition: Permanently stealing a car that belongs to someone else. Oklahoma Statutes Title 21, Section 1720 covers this type of theft, also called vehicle larceny, which includes:
- Aircraft
- Automobile or other automotive driven vehicles
- Construction equipment
- Farm equipment
To be guilty of vehicle larceny, you must have intended to permanently deprive the rightful owner of their property, and accomplish this by “fraud or stealth.” Vehicle larceny is a felony, and the punishment depends on the value of the vehicle:
- If the vehicle is worth less than $50,000, you could go to prison for up to five years.
- If the vehicle is worth more than $50,000, you could go to prison for anywhere from three to ten years and pay a fine worth three times the value of the stolen property, up to $500,000.
Carjacking
If vehicle larceny sounds serious, you’re right. But there’s one way to make auto theft charges even more serious: Using force or fear elevates the crime to a charge of robbery, commonly known as carjacking when applied to vehicles.
According to Oklahoma law, “robbery is a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Carjacking is typically charged as first-degree robbery, which means the offender did one of the following:
- Inflicted serious bodily injury on the person
- Threatened them with serious bodily injury
- Intentionally made them fear serious bodily injury
- Committed or threatened to commit a felony against the person
Essentially, if you steal a car without someone’s knowledge, that’s larceny. But if you take it from them by force in a carjacking, that’s first-degree robbery. It’s a felony punishable by not less than ten years in prison.
Receiving, Possessing, or Disposing of a Stolen Vehicle
It isn’t just illegal to steal a car in Oklahoma. It’s also illegal to receive, possess, hide, sell, or dispose of a vehicle that you know is stolen. Under the law, the punishment varies based on the type of vehicle.
- For an “implement of husbandry,” which essentially means farm equipment, the penalty is not less than one year or more than five years in prison, a fine $500 to $5,000, or both.
- For any other motor vehicle, the penalty is up to two years in prison.
Unauthorized Use of a Motor Vehicle
Unauthorized use of a motor vehicle applies when someone takes and uses a vehicle that doesn’t belong to them, but did not intend to permanently deprive the owner of the vehicle. To prove this charge, the prosecutor needs to show:
- You were not entitled to possession of the vehicle
- You didn’t have consent of the owner
- You intended to temporarily deprive the owner of the vehicle
This is a relatively common situation when two people share a vehicle, but both names aren’t on the paperwork. If you sometimes have permission to drive the vehicle, you might believe that you had permission in this case – but the true owner might say you did not.
Even though it seems like a minor crime, unauthorized use of a motor vehicle is a felony in Oklahoma. Like other auto theft charges, it applies to both traditional vehicles and farm equipment, and the penalties are the same as possessing a stolen vehicle.
Joyriding
Joyriding is the most minor of the various auto theft charges in Oklahoma. It falls under Chapter 69 of the Oklahoma Statutes, “Malicious Mischief.” The official legal charge is called “Loitering in, Injuring or Molesting an Automobile or Motor Vehicle.” Joyriding simply means hanging out in or driving someone else’s car without their consent.
Unlike unauthorized use of a motor vehicle, it doesn’t require that you intended to deprive the owner of possession, even temporarily. For example, if you took a car for a quick spin and planned to bring it right back before the owner even noticed, that could be charged as joyriding.
Joyriding is a misdemeanor in Oklahoma. It’s punishable by a fine of $100 to $500, up to a year in county jail, or both.
Defenses Against Auto Theft Charges
The most common defense against auto theft charges is that the defendant believed they were in lawful possession of the vehicle. In the case of unauthorized use, you might believe you had the owner’s consent. In the case of receiving or possessing a stolen vehicle, you may have paid for the vehicle, and therefore didn’t know it was stolen.
Another defense is that you didn’t intend to deprive the owner of possession. This is an important distinction that can be the difference between a serious charge and something more minor. In fact, pleading your case down to a lesser charge is another common strategy. A good criminal defense attorney might be able to plead a case from vehicle larceny or unauthorized use to joyriding, for example, which can make a big difference in your sentence. And, you’ll only end up with a misdemeanor on your record, instead of a felony.
What to Do After an Auto Theft Charge in Oklahoma
Being charged with a crime is a stressful experience, especially a serious one like auto theft. The most important thing to know if you’re facing auto theft charges in Oklahoma is that you need to retain an experienced attorney, as soon as possible. Your attorney will help protect your rights, build your defense, and get you the best possible outcome for your case. Contact Khalaf Law Firm today to get started.