By: Parsons, Graham & Day, LLC September 22, 2025

The Role of Intent in Theft Cases: Defending Against Charges in Tulsa

What is Intent in Oklahoma Theft Law?

In Oklahoma, theft is generally defined as the unlawful taking of another person’s property. The specific crime of larceny, as defined by Oklahoma Statutes, Title 21, Section 1701, requires a particular type of intent. The prosecution must prove that the taking was done “by fraud or stealth, and with intent to deprive another thereof.”

Under the law, to be convicted, a person must have had the specific goal of permanently taking someone else’s property with no intention of returning it. If you didn’t have that intent, you may have a valid defense.

For example, suppose you accidentally grab the wrong bag at the Tulsa International Airport because it looks identical to yours. You realize your mistake a block away and immediately try to return it. Another example may be borrowing your roommate’s car without permission, with the intention of returning it, due to a family emergency.

In each of these situations, you took someone else’s property. But you did not do so with the intent to deprive the owner of it permanently. Without that specific intent, a prosecutor may have a difficult time proving their case.

Larceny vs. Other Theft Crimes

Oklahoma law is particular about different types of theft, and each one has its own unique intent requirement.

Larceny: Larceny is the most common theft charge and is often charged in shoplifting cases. It requires the taking of property by fraud or stealth with the intent to deprive the owner of their property permanently
Embezzlement: This crime happens when a person who was trusted with money or property, such as an employee, takes it for their own use. The intent here is to appropriate the property fraudulently
Robbery: This is a theft crime that involves a person taking something from another person’s possession by force or fear. The intent is still to deprive the person of their property, but the use of force elevates the crime to a much more serious level
Burglary: This involves entering a building, vehicle, or other structure with the intent to commit a felony or larceny inside. The crime of burglary is committed the moment you enter the property with the intent, even if nothing is stolen

How Lack of Intent Can Be a Powerful Defense

The legal principle of intent is a key part of your criminal defense. Our legal team will challenge the prosecution’s case by focusing on whether the prosecutor can truly prove your state of mind at the time of the alleged crime.

A defense lawyer can do this in several ways:

Presenting Evidence: We can show the court that your actions were a mistake, accident, or miscommunication, including presenting witness testimony, phone records, or other evidence to show that your intent was not criminal
Negotiating with the Prosecution: Our attorneys can present evidence of a lack of intent to the prosecutor, which may lead them to dismiss or reduce the charges against you
Cross-Examining Witnesses: We can question the witnesses, including the police officer or the person who accused you, to highlight inconsistencies in their story or show they cannot prove you had criminal intent

What if I Intended to Return the Property?

If you took something with the full and honest intention of returning it, you may be able to argue a lack of intent to deprive the owner of their property permanently. Even so, this is not a defense for every situation, as borrowing without permission may still result in additional charges. This defense focuses on your state of mind and can be a crucial part of your legal strategy.

A defense attorney would use your intent to return the property to argue that the prosecution cannot meet its burden of proof. We could present evidence showing you had no intention of keeping the item, such as text messages, witness statements, or a record of you trying to return it. This type of evidence transforms what might seem like a straightforward theft into a matter of a mistake or misunderstanding.

While this can be a strong defense, it is not a guaranteed win. The prosecution can still argue that your intent to return was not genuine. The state might claim you only intended to return the item once you were caught or that your actions, like hiding the property, suggest a criminal mindset. That’s why having a skilled defense attorney is so essential. We can present your side of the story and argue the nuances of your case to a prosecutor or a jury.

Facing Theft Charges? We Can Help

A theft charge in Tulsa is a serious matter that can affect your reputation and future. Theft charges can be a complex legal situation, and we understand how intimidating they can be. At Parsons, Graham & Day, LLC, we have experienced attorneys who are knowledgeable about Oklahoma laws and have extensive experience representing individuals in criminal cases.

Our team is compassionate and committed to providing you with personal attention throughout your case process. We are here to help you navigate this challenging time and help take positive steps toward a fresh start.