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Know your Options, if accused or charged with Burglary

It is important to know your rights and retain an Oklahoma criminal defense attorney with experience defending Burglary cases as soon as possible, if you have been accused or charged with Burglary. Your life and freedom are on the line and you need a defense. In Oklahoma there are a wide variety of Burglary and Breaking and Entering offenses. Each with its own elements, criminal intent, and proof requirements.

Burglary in the First Degree

The most serious property crime in Oklahoma or any other state, Burglary in the First Degree only applies to certain circumstances involving property crime. Oklahoma Statutes define First Degree Burglary as follows:

Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:

1. By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter; or

2. By breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more confederates then actually present; or

3. By unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window, is guilty of burglary in the first degree.

Experience and a careful read of this statutory language demonstrates a conviction, even a charge, of Burglary in the First Degree requires forceful entry into a home or “dwelling” and the presence of a person inside the home or “dwelling” at the time of forced entry or breaking and entering. The presence of another person is a necessary element, which means, a Defendant can only be charged or convicted of a lesser crime, such as Burglary in the Second Degree or Breaking and Entering, if no one is present in the home at the time of the forced entry.

Burglary in the Second Degree is a felony, however, it carries a less severe punishment and stigma than Burglary in the First Degree. Burglary in the Second Degree is defined under Oklahoma law as follows:

Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection, in which any property is kept, or breaks into or forcibly opens, any coin operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree.

Consequences and Potential Punishment for Burglary Conviction 

Oklahoma law dictates Burglary in the First Degree & Burglary in the Second Degree are felonies punishable by imprisonment.

Burglary in the First Degree

  • Imprisonment for a term between seven (7) and twenty (20) years without a prior felony conviction.

Burglary in the Second Degree

  • Imprisonment for a term between two (2) and seven (7) years without a prior felony conviction.

Breaking and Entering

  • A misdemeanor, carrying up to one (1) year in jail without a prior conviction.

Know your Rights and Defend Them

You are entitled to a defense and you need one, if you are facing a felony charge, including Burglary in Oklahoma. CANNON & ASSOCIATES can assist you and ensure your rights are protected. The fact you are charged with a burglary crime in Oklahoma does not mean you will be convicted or sentenced to prison.

Choose an Experienced Military Criminal Defense Lawyer

Contact CANNON & ASSOCIATES in Oklahoma City for your defense. You have the right to the presumption of innocence. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your burglary case. John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES today. 

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