If you break into someone’s home or other property when they are present to commit a crime, you will face a charge of first-degree burglary in Oklahoma. Okla. Stat. tit. 21 § 1431
Robbery Vs. Burglary In Oklahoma City
Robbery in Oklahoma City is defined as taking things from someone by using force, intimidation, or fear to steal from them. However, burglary involves a break in and may not include violence.
A first-degree burglary charge is one of the most serious theft-related charges that you can face in Oklahoma City. Therefore, you should hire a competent lawyer as soon as you are being investigated.
Second-Degree Burglary Charges
First-degree burglary differs from second degree in that there usually is another person at the property when the former happens. The presence of another person within when a first-degree burglary takes place implies a real threat posed to the person in the structure or building. This potential threat against another makes first-degree burglary rather serious.
Evidence Necessary To Be Convicted Of First-Degree Burglary Charges
The defendant must have:
- forcibly busted or broken a wall, window, or the like
- facilitated by others or by the use of a dangerous weapon. The weapon can be a false key, breaking or opening a window, or lifting a latch.
The intent can be proved by the method used to gain entry. It must be an unlawful method.
If the prosecution cannot prove intent to commit a crime, you face a less serious charge of breaking and entering.
Penalties For First-Degree Burglary In Oklahoma City
Any type of burglary is a felony in Oklahoma City.
You could spend between 7 and 20 years in prison for first-degree burglary in Oklahoma.
If you commit a second-degree burglary, you could spend two to seven years behind bars if convicted. Okla. Stat. tit. 21 § 1436
Get Legal Representation
Talk to an Oklahoma City criminal defense attorney as soon as you learn about possible charges against you.
Don’t tell the police or prosecutor too much and implicate yourself. You need an attorney to help you, because law enforcement and prosecutors work to present a watertight case against you.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
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