In Oklahoma, burglary is categorized into degrees based on the circumstances surrounding the crime, but all forms are considered a serious offense. Knowing what second-degree burglary means in terms of the law is important if you’re facing these charges. In this article, we will discuss what constitutes second-degree burglary and the legal consequences of a conviction.
Definition of Second-Degree Burglary in Oklahoma
Oklahoma law defines second-degree burglary as breaking and entering into a building or part of a building and having the intent to steal or commit any felony. If the building is residential, then there must be nobody present at the time. If someone is present in a residence during the burglary, it would then classify as first-degree burglary. The biggest factor when determining the type of burglary is the type of building and people present.
Key Elements of the Crime
To convict you of second-degree burglary in Wagoner County, the prosecution must prove several elements:
- Breaking and Entering: This involves any act of unauthorized entry, from breaking a window to simply opening an unlocked door. The entry must be illegal and without consent.
- Type of Building: The building involved must not be residential. Buildings that apply to second-degree burglary include commercial buildings, public buildings, offices, workshops, and sometimes attached garages if they are not part of the residential property.
- Intent: From the time of entry, you must have had the intent to commit either steal or commit a felony when you got into the building. However, any decisions to commit a crime after entering do not qualify as second-degree burglary.
The prosecution must be able to prove all of these elements beyond a reasonable doubt in order to convict you.
Legal Penalties For Second-Degree Burglary
Oklahoma has severe penalties for those who receive a conviction. You could face prison, hefty fines, and having the charge show on your criminal record. Specifically, Oklahoma statutes allow a prison term of up to seven years for second-degree burglary. These penalties can hurt you in the future as they have an effect on employment opportunities, civil rights (such as voting and firearm ownership), and your reputation.
Potential Defenses
Your defenses against a charge of second-degree burglary vary depending on the specifics of the case. Some common defenses include:
- Lack of Intent: If it can be proven that you did not intend to commit a theft or felony at the time of entry, this could be a useful defense.
- Mistaken Identity: You may be able to argue that you were not the person who committed the crime.
- Consent: If you can prove that you had permission to enter the building, you might not be guilty of burglary.
- Duress: Arguing that you were forced to commit the act under threat of immediate harm could also be a defense.
You could also have other options for a defense based on your specific situation, which a lawyer will be able to help you understand and prepare.
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Wagoner Criminal Defense Attorneys
Second-degree burglary in Oklahoma is a felony. The criminal charge has a potential for serious consequences. If you’re facing charges of second-degree burglary, it’s important that you seek legal representation. Our criminal defense lawyers are here to help you understand the intricacies of the laws governing your case as well as understand the options that you have.
When you are facing a felony charge its important that you get a team in place that fights for your rights. Contact our criminal defense lawyers and get the facts. Call Kania Law Office – Wagoner 918-283-7394 for a free and confidential consultation or reach us through our Ask A Lawyer feature.
