Oklahoma designates penalties for burglary charges using the degree system.  Therefore, you could face charges from a first degree burglary to a second degree tier depending on the events.  This will make a significant difference in the amount of time you spend in jail as well as amount of possible fines.  This article will explain each and also the differences between the two as well as breaking and entering.

Statutes for First or Second Degree Burglary

First Degree Burglary: Title 21 §1431

First Degree Burglary is defined by certain elements.  These are:

1. Breaking into a home or living center, when someone is present in the home
2. Using a weapon and/or having an accomplice
3. By picking locks, of breaking and entering.

Second Degree Burglary:  Title 21 §1435

Second Degree is less clear.  Thus, he elements for second degree are:

1. Breaking and entering into any building, structure, or property (including vehicles)
2. That holds property (this also includes vending machines)
3. With intentions of stealing any of the property inside.

So, two of the most obvious differences are that first degree burglary requires the use of an accomplice or weapon and an innocent person’s presence, while second degree does not.

ALSO FACING FIREARM CHARGES?  SEE OUR BLOG FOR MORE INFORMATION.

First and Second Degree Burglary: Legal Consequences

First Degree Burglary: Penalties

Penalties for burglary in the first degree are:

1. Felony charges
2. Imprisonment from 7 years up to 20 years
3. Restitution for victims (potentially)

Second Degree Burglary: Penalties

Penalties for second degree are:

1. Felony charges
2. Imprisonment from 2 years to 7 years
3. Restitution to victims (again, potentially)

Felony charges are significant not just for the immediate consequences, but because they will follow you for years.  Felonies stay on your record.  Consequently, they will disqualify you from certain professional licenses, employment opportunities, and at times housing or even custody rights.  You will also lose your privileges to own or possess any firearm.

Wagoner County Burglary Attorneys

The Kania Law Office – Wagoner attorneys know what it costs to be a “felon”.  We look out for your best interests, so lessening charges or complete dismissal is our eventual goal.  We want to make sure one mistake doesn’t cost you for years.  As a result, we make our first consultation free, so you can be sure our offices are the best fit for you before committing. Call 918-283-7394 and talk to a criminal defense attorneys or click here