Burglary By Explosives
Burglary by Explosives is defined as trying to open a receptacle, such as a vault or safe, with explosives in order to unlawfully enter a place for the purposes of stealing property or committing a felony. For any burglary charge, the person must have unlawfully entered the property.
Burglary is difference than larceny and robbery, which do not require breaking and entering into a building. Breaking is defined as any act of physical force, however slight, by which obstructions to entering are removed. Entering is defined as an entry which occurs when any part of a person’s body is within the dwelling. A dwelling is defined as any house, building, or enclosed structure, any part of which has usually been occupied by any person(s) lodging therein; or any enclosed structure joined to and immediately connected with a house.
The statute for Burglary by Explosives is OKLA. STAT. tit. 21 § 1441, which states that “any person who enters any building, railway car, vehicle, or structure and there opens or attempts to open any vault, safe, or receptacle used or kept for the secure keeping of money, securities, books of accounts, or other valuable property, papers or documents, without the consent of the owner, by the use of or aid of dynamite, nitroglycerine, gunpowder, or other explosives, or who enters any such building, railway car, vehicle, or structure in which is kept any vault, safe or other receptacle for the safe keeping of money or other valuable property, papers, books or documents, with intent and without the consent of the owner, to open or crack such vault, safe or receptacle by the aid or use of any explosive, upon conviction, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the State Penitentiary for a term of not less than twenty (20) years nor more than fifty (50) years.”
Elements of the Crime
In order to be convicted of Burglary by Explosives in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove that the use of force or violence was:
3) a building, railway car, vehicle, structure;
4) of another;
5) by opening, attempting to open, or intending to open a receptacle in which property is kept;
6) by the use of explosives;
7) with the intent to steal or commit any felony.
Oklahoma Jury Instruction #5-15.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Burglary by Explosives in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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