Fighting the charge of possession of burglary tools can be a challenging legal battle. In Wagoner County, being charged with possession of burglary tools can have serious legal consequences. Understanding the nature of these charges and the potential defenses is critical for anyone facing this legal situation. In this article we will explore the specifics of burglary tool possession charges, the potential legal consequences, and common defenses used in these cases.

Understanding Possession of Burglary Tools

In Oklahoma, possession of burglary tools is defined under Title 21, Section 1437 of the Oklahoma Statutes. This statute states it’s illegal to possess any tools or instruments intended for use in committing a burglary or theft. This can include a wide range of items such as crowbars, lock picks, and other devices commonly associated with breaking and entering. However, this doesn’t necessarily make buying them illegal. In fact, most of these items are legal to purchase on sites such as Amazon or even your local hardware store. In nearly all instances, this type of charge is one that is in addition to a separate charge of burglary or an attempt to burglarize.

Potential Charges and Penalties

If you are found in possession of burglary tools, you could face various charges depending on the circumstances. Here are some potential charges you might encounter:

1. Possession of Burglary Tools: Possessing tools or instruments with the intent to commit burglary or theft. The penalty could be up to two years in state prison as well as a fine of up to $1,000.
2. Attempted Burglary: Attempting to commit burglary, even if the attempt is not successful. This is punishable by imprisonment for up to five years.
3. Burglary in the First Degree: Breaking and entering into a dwelling at night with the intent to commit a crime. Five to twenty years in state prison.
4. Burglary in the Second Degree: Breaking and entering into a building or any structure other than a dwelling with the intent to commit a crime. Penalties range from two to seven years in state prison and often court fines.

In all of these instances, intent is the key component. For instance, having a crowbar in your trunk does not automatically signify your intention to commit a crime. However, if you are caught in a nefarious act, this is an additional charge you can face alongside the other crime. This allows the court in Wagoner County to maximize a person’s sentence when they commit a heinous crime such as burglary.

Common Defenses

Facing a charge of possession of burglary tools can haunt you for years or a lifetime. Luckily, there several defenses you can employ to fight these charges:

1. Lack of Intent: To receive a conviction of possession of burglary tools, the prosecution must prove you had the intention to use the tools for burglary or theft. If you can demonstrate that you had no such intention, this defense can be effective. For example, if the tools were part of your legitimate work or hobby, this can negate intent.
2. Unlawful Search and Seizure: If the investigating officers find them during an illegal search, you can challenge the admissibility of evidence. The 4th Amendment to the Constitution protects us against unreasonable searches and seizures. Thus, any evidence law enforcement unlawfully obtains isn’t admissible.
3. Mistaken Identity: If someone misidentifies you as the person, you could argue that you were not that individual. This defense relies on proving that you were not where the tools are, or that someone else had the tools.
4. Lack of Knowledge: You can argue that you were unaware that the tools were in your possession. This defense can be applicable if the tools are in your belongings without your knowledge. This could be due to the nature of your job, or having a household you share with others.
5. Legitimate Purpose: If you can demonstrate that you have the tools for a legitimate purpose unrelated to burglary or theft, this defense can be effective. If you are a locksmith or a mechanic, these tools would be part of your daily work.

To properly employ these defense tactics, you should hire a proper defense attorney. They will be the best person to review your evidence and charges to create a solid defense strategy.

Wagoner County Criminal Defense Attorneys

Receiving a charge of possession of burglary tools in Wagoner County is a serious matter. Thus, it requires a thorough understanding of the law and potential defenses. It is crucial to consult with an experienced attorney who can help navigate the complexities of your case and build a strong defense strategy. By understanding the charges and possible defenses, you can better protect your rights and seek a favorable outcome in your case. Our criminal defense team here at Wagoner Attorneys know what needs to happen with your case. We will formulate specific strategies to get you the best outcome possible in your case. Call us today at 918-283-7394 for a free and confidential consultation. You can also reach us through our Ask A Lawyer feature.