Innocent until proven guilty; that’s the law. If you’ve been accused of a crime, it is the job of the prosecution to prove your guilt beyond reasonable doubt. At Cannon & Associates in Oklahoma City, OK, we ensure that whatever crime a client is accused of, their voice will be heard through their Oklahoma City lawyer.
Theft and Burglary Charges in OKC: Legal Guidance and Strategies
Guidance
Seek An Oklahoma City Lawyer Immediately
The first and most important step when facing theft or burglary charges is to seek legal counsel. An attorney who specializes in theft and burglary cases, like our specialists at Cannon & Associates, is in the best position to give you guidance and represent you. Your attorney will evaluate the evidence against you, identify any weaknesses in the prosecution’s case, and develop a defense strategy tailored to your situation. They can also negotiate with the prosecution on your behalf and potentially secure a plea deal or reduced charges.
Understand the Charges Against You
Theft and burglary charges vary, and the specific circumstances of your case will determine the potential penalties; so it’s important to know where you stand. Your attorney will explain the charges, the potential consequences, and the legal options available to you. In Oklahoma, theft and burglary are distinct crimes, each with specific legal definitions and elements that must be proven by the prosecution.
Theft (Larceny)
Theft, or larceny, is defined as the unlawful taking of someone else’s property with the intent to permanently deprive them of it. Under Oklahoma law, larceny is divided into different categories based on the value of the stolen property.
Petit Larceny involves property valued at less than $1,000. This is typically charged as a misdemeanor, with penalties including fines and up to a year in county jail. Grand Larceny involves property valued at $1,000 or more. This is a felony charge, with potential penalties including significant fines and up to five years in state prison. If the stolen property is valued at $25,000 or more, the penalties increase, with the possibility of a ten-year prison sentence.
Burglary
Under Oklahoma law, burglary is defined as breaking and entering into a building, structure, or vehicle with the intent to commit a felony, theft, or any other crime inside. Burglary is categorized into three degrees:
First-degree burglary is when the burglary occurs in an occupied dwelling, and the defendant is armed or causes physical harm during the commission of the crime. First-degree burglary is a felony, punishable by up to 20 years in prison. Second-degree burglary is when the burglary occurs in an unoccupied building, structure, or vehicle. While the punishment for second-degree burglary is less severe it is also a felony and carries a potential prison sentence of up to seven years.
Third-degree involves breaking into, climbing under, or raising up a vehicle or trailer on jacks in order to steal from it or commit any other felony. It is punishable by up to 5 years in jail, a $5000 fine, or both. The key element in all burglary charges is the intent to commit a crime upon entering the structure, whether or not the crime is committed. The prosecution must prove this intent beyond a reasonable doubt for a burglary conviction.
Protect Your Rights
If you are arrested or charged with theft or burglary, it is crucial to protect your legal rights. This includes your right to remain silent and your right to legal representation. Anything you say to law enforcement can be used against you in court, so it is vital to avoid making any statements before your attorney is present.
Police officers will attempt to entice you into talking without your attorney present, but you must resist this temptation. Continue to politely insist that you need to consult with your attorney, after which time you will be able to answer their questions. You cannot be punished for insisting on this right.
Defense Strategies
There are several potential defenses to theft and burglary charges. When we evaluate your case we will walk you through the various routes that we believe may be successful. Here are just some of the strategies that we might employ.
Mistaken Identity
If you were wrongly identified as the perpetrator of the crime, we may be able to cast doubt on the prosecution’s evidence. This could involve challenging eyewitness testimony, alibi evidence, or other factors that may have led to your mistaken identification.
Challenging Other Evidence
We may also challenge the validity of the other evidence against you. This could involve questioning the legality of the search and seizure process, the accuracy of forensic evidence, and any other evidence they offer.
Lack of Intent
In a burglary case, the prosecution must prove that you intended to commit a crime upon entering the structure. If we are able to demonstrate that you had no such intent, the charges may be reduced or dismissed. Similarly, a theft charge will not stick if we can prove you did not have intent to permanently deprive a person of their property.
Plea Bargains and Alternative Sentencing
In some cases, it may be in your best interest to negotiate a plea bargain; this involves pleading guilty to a lesser charge in exchange for a reduced sentence or other favorable terms.
Making a plea bargain can be a good idea when the prosecution has clear evidence of you committing the crime. Though the prosecution may be able to prove your guilt at trial, judges often favorably on those who are willing to accept responsibility for their actions and save the state the expense of a trial. In these cases, we can negotiate on your behalf, seeking the best possible outcome for you.
Oklahoma also offers alternative sentencing options for certain offenders, particularly first-time or non-violent offenders. These options may include probation, community service, restitution, or participation in a diversion program. We can help you explore whether these alternatives may be an option and advocate for a sentence that minimizes the impact on your life.
The Importance of a Strong Legal Defense
Facing theft or burglary charges in OKC can be an overwhelming experience, but with the right legal representation and a well-prepared defense, you can get through it.
By working closely with your attorney, you can increase your chances of achieving a favorable outcome, whether that involves reduced charges, a dismissal, or an acquittal at trial.
We Are Your Advocates
Whether or not you have committed the offense you have been charged with, we will do our utmost best to fight for you. The most important thing is that you do not mislead us about your case. We need to have an accurate picture of the situation to prepare an effective defense; if you keep changing your story on us, we will have to keep going back to the drawing board to plan our defense strategy from scratch.
Being charged with a crime can lead to deep feelings of shame, even if you know that you are not guilty in any way. This can make you want to hold back information from us. Know that we will not be judging you; what we care about is giving you, our client, your right to legal representation and a proper defense at your trial.
If you or a loved one are facing theft or burglary charges in OKC, get in touch with us today at Cannon & Associates in Oklahoma City, OK.