Being caught in possession of a stolen vehicle in Oklahoma doesn’t mean that the person caught actually stole the vehicle. However, both are crimes in Oklahoma. Mere possession of a stolen vehicle can subject a person to prison time. If you are facing charges in Tahlequah, here is what you need to know about the crime and how it is handled in Oklahoma.
Possession Of A Stolen Vehicle Defined
In Oklahoma, being in possession of a stolen vehicle is legally defined as receiving, possessing, concealing, selling, or disposing of a vehicle that you know was stolen or was taken under other circumstances that constitute a crime. It is a felony. Okla. Stat. tit. 47 § 4-103
The crime requires that a person be in possession of the vehicle knowing that it was stolen. The law also covers a number of different acts that constitute possession.
A person can take possession of it from another person by taking the key. That is receiving.
Also, a person could be driving the vehicle or have it parked on their property.
However, a person can also be prosecuted under this law if they try to hide the car in their garage, sell it, or otherwise try to junk it.
Elements Of Possession Of A Stolen Vehicle In Oklahoma
Like all crimes, this one has a number of elements that a prosecutor must prove beyond a reasonable doubt in order to secure a conviction. If any of the elements remains unproven, there can be no conviction on this specific crime.
Here are the elements:
- A person who is not entitled to possession of a vehicle;
- either received, possessed, concealed, or disposed of the vehicle; and
- either knowing that it was stolen or that it was converted under circumstances constituting a crime.
OUJI-CR 5-117
Defenses
Defenses can be based on a number of different grounds, such as technical or legal problems with the evidence. Other defenses are built on facts and evidence that disprove elements. Thus, even small facts may be helpful in building a defense.
In order to be an actionable crime, a defendant must not be entitled to legal possession. That means the vehicle actually belongs to another person and the defendant has no permission to take or use the car. Thus, permission is a defense.
If you buy a vehicle, make sure that you have a receipt for the sale and the legal title to the car in case a problem arises with the sale.
The prosecutor must also show that the person knew the vehicle was stolen or converted. If there is no knowledge or if the prosecution cannot prove this element, the defendant should be acquitted.
Here are a couple of ways this could play out.
Your friend leaves a car with you, telling you it is his car. You find out from the police later that the car is stolen.
Since your friend didn’t tell you he stole it and there are no other indications that it was stolen, here, the knowledge requirement is most likely not met.
However, if your friend has a history of stealing cars and tells you the car is his, you might have enough indication to at least inquire further as to its true ownership.
The crime is punishable by up to two years in prison.
You Could Also Be Charged With Larceny Of A Vehicle
In Oklahoma, if you buy, receive, conceal, or withhold stolen property or aid another in doing so and fail to make a reasonable inquiry regarding their legal right to that property, you will be presumed to have obtained the property knowing that it was stolen. This presumption is rebuttable, but it can also be used by the prosecution to impute liability. Okla. Stat. tit. 21 § 1713
If a reasonable person would make the inquiry, so should you. If the value of the property stolen is $1,000 or more, you could be convicted of a felony in Tahlequah. This crime is punishable by up to five years in prison or up to a year in the county jail in addition to fines.
If the value of the vehicle stolen is less than $1,000, the crime is considered a misdemeanor. This is punishable by a fine up to $500, up to six months in jail, or both.
A Tahlequah attorney can help protect your rights and freedom. Get the help you need today.
Low-cost Initial Consultation: Tahlequah Criminal Defense Lawyer
Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you are facing charges for possession of a stolen vehicle in Oklahoma.
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll-free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.
