In Oklahoma, both trespassing and burglary involve unlawfully entering someone else’s property, but they are very different crimes with vastly different legal consequences. Understanding the distinction between these offenses is crucial if you’re facing charges or want to know your rights. This article will explain the key differences between trespassing and burglary in Wagoner County, including definitions, penalties, and possible defenses.
What Is Trespassing in Oklahoma?
Trespassing is the unauthorized entry onto another person’s property without permission. A trespassing charge can be either a misdemeanor or a felony. This depends on a few factors that surround the severity of the trespass. As with any criminal charge there are elements of the crime that the prosecutor must prove to get a conviction. The key element of trespassing is that the person enters or remains on the property without the intent to commit a crime.
Examples of Trespassing
- Walking onto private property without permission. This can be any kind of private property.
- Refusing to leave after being asked by the owner. Once given notice to leave you must go or face trespassing charges.
- Entering fenced or posted land without authorization. Doesn’t require a sign posted no trespassing.
- Hunting or fishing on private land without the owner’s consent.
Oklahoma Trespassing Laws and Penalties
Trespassing is typically a misdemeanor offense in Oklahoma, punishable under 21 O.S. § 1835. The penalties vary depending on the circumstances:
- Basic trespassing (first offense) – Fine of up to $250.
- Second offense – Fine up to $500.
- Third or subsequent offenses – Fine up to $1,500.
- Trespassing on posted or fenced property – Fine up to $500 for the first offense; up to six months in jail and a $1,000 fine for a second offense.
- Trespassing on critical infrastructure (e.g., power plants, oil refineries, or government facilities) – Can lead to felony charges with prison time.
Key Takeaways About Trespassing
- The person enters or remains on property without permission.
- There is no intent to commit a crime beyond the unlawful entry.
- Most trespassing offenses are misdemeanors, but enhanced penalties apply for repeat offenses or restricted areas.
What Is Burglary in Oklahoma?
Burglary is a more serious crime than trespassing. It occurs when someone enters a building, dwelling, or structure with the intent to commit a felony, theft, or other crime. Unlike trespassing, burglary requires criminal intent beyond just being on the property unlawfully.
Types of Burglary in Oklahoma
Oklahoma law divides burglary into two degrees, both of which are felony offenses:
First-Degree Burglary (21 O.S. § 1431)
This is the most serious form of burglary and involves breaking into a dwelling (home or apartment) while someone is inside with the intent to commit a crime. The offense is considered more dangerous because it creates a risk of harm to occupants.
- Penalties: 7 to 20 years in prison.
Second-Degree Burglary (21 O.S. § 1435)
This occurs when someone unlawfully enters a commercial building, home, storage unit, or vehicle with the intent to commit a felony or theft. Unlike first-degree burglary, the building does not need to be occupied at the time of the crime.
- Penalties: 2 to 7 years in prison.
Examples of Burglary
- Breaking into a home to steal valuables.
- Entering a business after hours with intent to commit theft.
- Breaking into a garage, shed, or storage unit with intent to commit a crime.
- Entering a vehicle without permission to steal something inside.
Key Takeaways About Burglary
- Burglary requires unlawful entry plus criminal intent (e.g., theft, assault, or another felony).
- It is always a felony with severe penalties.
- The punishment depends on whether the building was occupied (first-degree) or unoccupied (second-degree).
Trespassing vs. Burglary: Key Differences
| Factor | Trespassing | Burglary |
|---|---|---|
| Definition | Entering or remaining on property without permission. | Entering a structure with intent to commit a crime (e.g., theft, assault). |
| Intent | No intent to commit a crime beyond being on the property. | Must have intent to commit a felony, theft, or other crime. |
| Type of Crime | Usually a misdemeanor (some cases can be felonies). | Always a felony. |
| Penalties | Fines and possible jail time (up to 6 months for repeat trespassing). | 2-20 years in prison, depending on degree. |
| Example | Walking onto private land without permission. | Breaking into a home or business to commit theft. |
Wagoner County Criminal Defense
Trespassing and burglary may seem similar, but they have key legal differences that impact how they are prosecuted in Oklahoma. Trespassing is usually a misdemeanor and occurs when someone is on private property without permission. Burglary, on the other hand, is a felony that involves unlawful entry with criminal intent. If you are facing either charge, it is important to seek legal representation immediately. If you would like a free and confidential consultation with a wagoner criminal defense attorney from Kania Law – Wagoner attorneys call 918.283-7394. Or you can click this link to ask a free online legal question.
