Larceny and Malicious Mischief

I have some questions about criminal law in Oklahoma. I’ve read many other answers here and can’t find one that answers these questions. 1. Can a person be charged with Larceny and Malicious Mischief when the destruction was cause by the larceny? Or will it be one charge or the other. 2. Oklahoma law 21.68 sec1712 states: “Any fixture or part of realty, the instant it is severed from the realty becomes personal property”. With this in mind would the value of the fixture be only the value for its replacement or if the fixture had a collector’s value would that value be considered as to the degree of larceny? 3. If public statements were released indirectly on a website and to the press taking responsibly for the thief could that be used as evidence in court?

You mean, if you destroy part of a building in order to steal something, can you be charged with both your act of destruction and with stealing? Sure.

Hello Mr. Knowitall and thank you for the reply. Yes, that pretty much what I'm asking. Now, lets take it a step further and I will ask, if the part that is stolen had something of value engraved in it would the value be based on the part you stole or the value of what was engraved in it?

Why don't we stop the hypotheticals and you tell us what happened?

Sorry for the hypothetic but I was just trying not to point fingers. Here's the short version. I crew was ordered to cut a section of my driveway out (containing a famous signature) without my permission. I filed a police report not knowing who did it, the perpetrator admitted a few days later in news reports and his website he had it cut out and taken to his home out of state. The police made him return it to them but wouldn't file charges because the city was making a claim to the cement and they wouldn't file charges. After almost a year delay (and $7000.00) we went to court and I won the cement back. The police still would not do anything so I went to the county D.A. They made the police turn over the report and "studied" it about three weeks until I contacted them again. The D.A. claims that this is just a misdemeanor "because it's just a piece of cement and has no value beyond that and the court wouldn't consider anything written on the cement to add to the value". He would have a hard time proving who took it just because it was posted on his website and newspaper that he claimed to have taken it. I was also told that the perpetrator could not be charged with both Larceny and Malicious Mischief only one or the other although they left a 7'X3' hole in my driveway when they stole it that they later filled in with bag type cement. I have estimates to replace the driveway of about $2500.00 and no ideal what the signature is worth since it was done 70 years ago and can't find anyone to appraise it. So how should I precede on this matter? I mean this town would throw most people under the jail for spitting on the sidewalk and let some get away with murder. They want to sweep it under the rug and I should be thankful I got the cement back. My attorney has been a great help in the return of my property and I will use again if I have to go to civil court (more $$$)but not getting much help on the crimial aspect from him. Thanks

you got your concrete back so sue the guy for the repair to the drive.

the criminal prosecution is up to the DA. They are not required to prosecute the case and if they did, it would be up to them to determine what crime to charge.