Burglary crimes are a serious criminal offense in Oklahoma. These crimes are defined by unlawful entry into a building or structure with the intent to commit a crime inside. Oklahoma law classifies burglary into different degrees based on the circumstances and severity of the offense. Because of this, knowing the specific criteria for each is crucial if you’re facing charges.

Definition of Burglary Charges

Under Oklahoma law, burglary involves two key elements. Firstly, the perpetrator must enter a building or structure without permission, which can include breaking and entering or just entering through an unlocked door or window. Secondly, the entry must be accompanied by the intent to commit a felony or any other crime inside the premises. However, the intended crime does not have to be completed for the act to be considered burglary.

Degrees of Burglary Charges in Oklahoma

Oklahoma law distinguishes between different degrees of burglary based on the nature of the entry and the type of structure.

First-Degree Burglary:

• Definition: First-degree burglary occurs when a person breaks into and enters a dwelling (a place where people live) with the intent to commit a crime inside. The entry must involve breaking as well as must occur at night or be accompanied by the use of threats or a dangerous weapon.
• Penalties: First-degree burglary is a felony punishable by 7 to 20 years in prison.

Second-Degree Burglary:

• Definition: Second-degree burglary involves breaking and entering any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure (not necessarily a dwelling) with the intent to commit a felony, larceny, or any other crime.
• Penalties: Second-degree burglary is a felony punishable by 2 to 7 years in prison.

Third-Degree Burglary:

• Definition: Third-degree burglary involves breaking into a coin-operated or vending machine, safe, vault, or other secure storage unit with the intent to commit theft or any other crime.
• Penalties: Third-degree burglary is a felony punishable by 1 to 5 years in prison.

Factors such as possessing a weapon or causing injury can elevate the severity of the charges and penalties.

Additional Considerations

Additionally, “breaking” includes any physical force used to gain entry if done with the intent to commit a crime inside. Proving intent is crucial for a burglary charge, because the prosecution must show that the accused had the specific intent to commit a crime inside the premises at the time of entry.

Wagoner Burglary Defense Attorneys

In conclusion, burglary crimes in Oklahoma are the unlawful entry into a building or structure with the intent to commit a crime inside. The state classifies burglary into first, second, and third degrees, each having specific elements and varying penalties. Consulting with an experienced criminal defense attorney can provide valuable guidance and representation in these cases.

Luckily, our criminal defense attorneys here at Wagoner County Attorneys can look at your case and your best defense. If you need help, reach out to us at 918-283-7394 or ask a question online.