Legal Question in Criminal Law in Oklahoma

larceny

I was charged with larceny because: my friend changed the barcode on the item and I bought it not knowing. I was not carrying any thing but the receipt in my hand when I left the store.he was carrying the item's but i was charged too. and i was still on the side walk that surrounds the store. item's costed up to 450.00 but he changed it to cost 73.00 which was paid at register.And they claim it's on video is there a way for me to see it before i go to court. this happened in oklahoma at a retail store.and can i argue the fact that There must be an actual carrying away of the goods www.lectlaw.com/def/l007.htm,but i wonder about the word intent. on this site www.courts.state.va.us/txtops/3085022.txtit say's(Larceny is ''defined .as 'the wrongful or fraudulent taking of personal goods of some intrinsic value, belonging to another, without [the owner's] assent, ''AND'' with the intention to deprive the owner thereof permanently.''' Bryant v. Commonwealth, 248 Va. 179, 183, 445 S.E.2d 667, 670 (1994).what i wonder is where it say's AND with the intent


Asked on 8/13/03, 12:25 am

1 Answer from Attorneys
Chad Moody

Re: larceny

According to Oklahoma case law, the carrying awayor "asportation" is complete when one puts an item in one's pocket even though he has not left the premises. I expect a judge would hold that you were guilty upon the changing of the bar code. You will lose that argument. You might win the intent argument if you get your friend to come clean on exactly what happened.

Fortunately, you are barely inside the misdemeanor amount. The more proper charge probably would have been obtaining by false pretenses. You will not be able to see the tape prior to your first appearance, but you should be able to before trial. If you are going to fight this, you need an attorney. You are welcome to call me for a bit of free advice if you like. I'll be back in the office this afternoon.

Chad

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Answered on 8/13/03, 9:30 am


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