The difference between petit larceny and grand larceny in Oklahoma is mostly the value of the property. Larceny of property worth less than $1,000 is generally petit larceny, a misdemeanor. Property worth $1,000 or more, or property taken directly from a person, is generally grand larceny, a felony. Because the value line matters so much, how the State calculates value is often the most important issue in the case.
Key Takeaways
- Petit larceny: under $1,000, misdemeanor, up to 1 year in county jail.
- Grand larceny: $1,000 or more, felony, up to 2, 5, or 8 years depending on value.
- Taking property from someone's person can be grand larceny regardless of value.
- Challenging value can turn a felony into a misdemeanor.
What Is Larceny?
Larceny is the taking and carrying away of someone else's personal property, without consent, with the intent to permanently deprive the owner of it. Oklahoma divides larceny into two degrees in 21 O.S. § 1704: grand and petit.
The Penalty Tiers
| Value of property | Charge | Maximum sentence |
|---|---|---|
| Under $1,000 | Petit larceny (misdemeanor) | Up to 1 year in county jail; fine up to $500 |
| $1,000 to under $2,500 | Grand larceny (felony) | Up to 2 years |
| $2,500 to under $15,000 | Grand larceny (felony) | Up to 5 years |
| $15,000 or more | Grand larceny (felony) | Up to 8 years |
How Value Is Determined
Value is generally the fair market value of the property at the time of the theft, not what it cost new or what a store hopes to sell it for later. Disputes over value come up constantly: used electronics, damaged goods, sale prices, and items with no clear market. When multiple items are taken, prosecutors may try to add values together to cross a threshold. Each of these is worth examining.
Grand Larceny From a Person
Taking property directly from another person's body or immediate presence, such as pickpocketing or snatching a purse, can be charged as grand larceny even when the value is small. If force or fear is used, the charge may become robbery, which is far more serious.
Defenses to Larceny Charges
- No intent to steal: you believed the property was yours or that you had permission.
- Value under the threshold: the property was worth less than the State claims.
- Mistaken identity: the video or witness does not reliably show you.
- Constitutional issues: unlawful searches or improperly obtained statements.
Learn more on our Oklahoma City theft lawyer page, or read about shoplifting charges, the most common form of petit larceny.
Frequently Asked Questions
What is the dollar amount for grand larceny in Oklahoma?
Grand larceny generally applies when the property is worth $1,000 or more. Below $1,000, the charge is generally petit larceny.
Is petit larceny a misdemeanor in Oklahoma?
Yes. Petit larceny is a misdemeanor punishable by up to 1 year in county jail and a fine, though repeat convictions can be charged more seriously.
Can grand larceny be reduced to petit larceny?
Often, yes, especially when the property's value is disputed or close to the $1,000 line.
Is grand larceny a violent crime in Oklahoma?
No. Grand larceny is a nonviolent property felony. If force or fear is used to take property, the charge may instead be robbery.
Talk to an Oklahoma City Theft Defense Lawyer
A theft or property crime charge can follow you into every job and housing application. Call (405) 605-8380 or request a free consultation to have your case reviewed.
This article is general information about Oklahoma law, not legal advice. Laws change, and every case depends on its facts. Contact an attorney about your specific situation.
