First Degree Burglary
First Degree Burglary is the most serious burglary offense in Oklahoma. It is defined as breaking and entering into a house or structure where typically a person resides, while a person is inside, with the intent to commit a crime once they have entered. A person cannot commit First Degree Burglary by breaking and entering into their own home, even if they still intend to commit a crime. 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 First Degree Burglary is OKLA. STAT. tit. 21 § 1431, which states that “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.”
Elements of the Crime
In order to be convicted of First Degree Burglary 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 dwelling;
4) of another;
5) in which a human is present;
6) with intent to commit some crime therein.
Oklahoma Jury Instruction #5-12.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with First Degree Burglary 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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