BREAKING AND ENTERING
John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs. - S VanZante
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. Breaking and entering is a misdemeanor offense that does not rise to the level of a burglary.
The statute for Breaking and Entering is OKLA. STAT. tit. 21 § 1438, which states that “Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel, or other structure or erection with intent to commit any felony, larceny, or malicious mischief, is guilty of a misdemeanor.
Every person who, without the intention to commit any crime therein, shall willfully and intentionally break and enter into any building, trailer, vessel or other premises used as a dwelling without the permission of the owner or occupant thereof, except in the cases and manner allowed by law, shall be guilty of a misdemeanor.”
Elements of the Crime
In order to be convicted of Breaking and Entering 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:
5) a building, trailer, vessel, or premises used as a dwelling;
6) without the permission of its owner or occupant;
7) without the intent to commit any crime in the building, trailer, vessel, or premises used as a dwelling.
Oklahoma Jury Instruction #5-17.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Breaking and Entering 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.