Second degree burglary charges are taken very seriously in Oklahoma. Being aware of what the law states and understanding the potential consequences and defenses is vital. Here’s more on second degree burglary in according to Oklahoma Criminal Statutes.
Breaking and Entering Defined
To be charged with second degree burglary, you must break and enter into a variety of potential properties. These properties could be a residential dwelling that is not currently occupied by any person, any commercial building, or any segment of a building such as a room, booth, tent, or even a railroad car.
The burglary law extends to any structure or construction that houses property, including breaking into or forcibly opening any coin-operated or vending machine. The primary intention behind this action must be to either steal property or commit another felony.
Key Elements of the Crime
The defining feature of second degree burglary hinges on the absence of human presence at the time of the offense and the intent behind the act. It’s crucial that the property is unoccupied during the burglary, which distinguishes it from first degree burglary where the presence of individuals in the dwelling could lead to more severe charges. The intent to steal or commit a felony is what escalates a mere trespass into the realm of burglary.
Legal Consequences for Second Degree Burglary
The consequences of being found guilty of second degree burglary are severe. Although specific penalties can vary depending on the case details, generally, this crime is classified as a felony in Oklahoma. This classification can lead to up to seven years in prison, hefty fines, and long-term impacts on your future opportunities, such as difficulties in finding employment or housing because of a felony record.
Potential Defenses Against Burglary Charges
If you find yourself facing charges of second degree burglary, several defenses might be applicable depending on the circumstances of your case. One common defense is the lack of intent to steal or commit a felony. If you can prove that your presence in the building was without any criminal intent, this could potentially lead to charges being reduced or dismissed.
Another possible defense is mistaken identity or proving that you had permission to enter the property. In some cases, demonstrating that you were unaware that the property was not to be entered (for instance, if there were no clear signs or barriers) could also serve as a defense.
Real-Life Implications
Consider, for example, if you entered an open gate to retrieve a lost pet and found yourself in a garage, this scenario could be misconstrued as intent to commit theft. Understanding the specifics of what constitutes second degree burglary can help you handle these situations more effectively.
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Wagoner County Second Degree Burglary Lawyer
Second degree burglary in Oklahoma requires breaking and entering into an unoccupied structure with the intent to commit theft or another felony. The law is specific about the types of properties and the conditions under which this crime can occur. Facing these charges can be daunting, but knowing your legal rights and potential defenses can make a substantial difference in the outcome of your case.
If you are dealing with a burglary charge, it’s advisable to seek legal help. A criminal defense attorney at Kania Law Office can offer guidance specific to your case, help you understand the charges against you, and develop a defense strategy that might mitigate the penalties or even result in a dismissal of charges. Contact Kania Law Office – Wagoner at (918) 283-7394 or online for a consultation.
