If you are wondering what breaking and entering entails under Oklahoma law, it is important to grasp the specifics as laid out in Oklahoma law. Breaking and entering can be a serious charge, involving unauthorized entry into a building or structure with various intentions, ranging from benign to malicious.

Breaking and Entering With Intent to Commit a Crime

According to Oklahoma Statutes Section 21-1438, if you enter any building, part of a building, or other structures such as a tent, booth, railroad car, warehouse, vessel, or similar structures with the intent to commit larceny,  malicious mischief, or a felony, you might face misdemeanor charges.

The law is clear that the severity of your actions—entering with intent to commit a more serious offense—can expose you to significant legal consequences. The intent to commit a felony or theft is crucial here; simply entering a structure does not constitute a violation unless accompanied by this criminal intent.

Penalties for Breaking and Entering With Intent

Receiving a charge of a misdemeanor might sound less severe than a felony, but it still carries substantial penalties that can affect your life. A misdemeanor is generally punishable by up to a year in jail and up to a $500 fine. The actual penalty depends on the circumstances and your previous criminal record.

Breaking and Entering Without Intent

The law addresses situations where someone breaks and enters without any intent to commit a crime within. If you intentionally and willfully break into and enter any dwelling such as a building, trailer, or vessel that someone uses as a residence without the owner’s or occupant’s permission, you are still committing a misdemeanor. This applies even if you did not plan to commit any further crime once inside.

Legal Defenses

There are defenses available if you receive a charge of breaking and entering. If you entered a property under the belief that you had permission, this could be a valid defense. This is especially true if there is evidence to support that the owner or a representative allowed your entry. Another possible defense is if the entry was because of an emergency or to prevent a greater harm.

Relation to Burglary

Breaking and entering in Oklahoma becomes burglary when it includes specific intentions and conditions outlined in Sections 21-1431 and 21-1435. Under those laws, breaking and entering escalates to burglary if it involves entering a dwelling with the intent to commit a felony. This can include theft, or any other crime. For example, second-degree burglary involves breaking and entering into any dwelling commit a felony when no one is present. First-degree burglary is more severe and occurs when someone breaks into a dwelling where people are present. You must also do this with the intent to commit a crime, potentially using force or being armed. So, the defining factor of burglary over mere breaking and entering is the perpetrator’s intent and the presence of individuals during the act.

Wagoner County Breaking and Entering Lawyer

Breaking and entering in Oklahoma can entail various legal implications depending on the intent and circumstances of the entry. Whether you entered with a criminal purpose or not, the consequences can be significant. It is essential to approach these charges seriously and equip yourself with a strong defense strategy. Remember, you have the right to seek help, and securing legal advice is your best strategy.

For a free and confidential consultation with a criminal defense attorney at Kania Law Office – Wagoner call (918) 283-7394 or online.