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Second Degree Burglary is defined as breaking and entering into a place where property is kept, with the intent to steal or commit some other felony. Second degree burglary is a step down from first degree, because no one is present in the dwelling at the time the burglary happened. 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.

Oklahoma Statute

The statute for Second Degree Burglary is OKLA. STAT. tit. 21 § 1435, which states that “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.”

Elements of the Crime

In order to be convicted of Second 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:

1) breaking;

2) entering;

3) a dwelling where no human being was present at the time, a commercial building, any part of a building (such as a room, booth, or tent), railroad car, structure or erection;

4) of another;

5) in which property is kept;

6) with intent to steal or commit a felony.

Oklahoma Jury Instruction #5-13. 

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Second 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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