Vehicle burglary in Oklahoma City, as in all types of burglary, is a felony offense. Burglary is the forcible breaking and entering into the property of another with the intent to steal something or commit another felony. Burglary in Oklahoma can be of the first, second, or third degree. Okla. Stat. tit. 21 §§ 1431, 1435
First-degree burglary is when a burglar breaks into the property of another when there is a person on the premises. Second-degree burglary is when there is no one in the property broken into and is considered less severe than the first degree. Vehicle burglary in Oklahoma is second-degree burglary.
Vehicle Burglary in Oklahoma Defined
Vehicle burglary is when you break into and enter someone’s vehicle, intending to commit another felony. If, for instance, you find some means to break a window to facilitate your entry into a car to commit another felony, you could be charged with vehicle burglary. If you have no right or permission to enter someone else’s vehicle, doing so by breaking and entering can be considered vehicle burglary.
Breaking and entering are defined in Oklahoma laws as the forcible breaking or bursting of windows, doors, and the like. It also includes using false keys to unlock outer doors, picking a lock, opening a window, or lifting a latch.
If you also break into a truck, trailer, automobile, or vessel of another in which property is kept with the intent to steal or commit another felony, you could be tried for third-degree burglary. Burglary 3 is the least serious of all three degrees of burglary in Oklahoma.
Intent After Breaking In Matters
The intent to commit another felony after breaking in is critical to being charged with burglary. If, for instance, you use a crowbar to break a window to rescue a child or a pet from a hot car, you may not be charged with vehicle burglary.
If a charge of vehicle burglary is still brought against you, it can be reduced to a lesser charge by arguing there was no intent to commit another felony after breaking in.
Elements of the Crime
Vehicle burglary is second-degree burglary. To be convicted of this crime, the state must prove the following six elements beyond a shadow of a doubt.
- Breaking and
- entering
- the railroad truck, automobile, truck, or trailer
- of another
- in which property is kept
- with the intent to steal or commit any felony.
A robust defense could build a case around arguing against one of the elements.
Penalties
All degrees of burglary in Oklahoma carry severe penalties if convicted and do not have the option of a fine.
Burglary in the first degree is the most serious type of this crime, because of the threat posed to the person within the premises when the crime is committed. The penalty is imprisonment with the Department of Corrections for 7 to 20 years.
A defendant convicted of second-degree burglary faces imprisonment for up to seven years. If convicted of third-degree burglary, a defendant faces incarceration for up to five years.
Get Help
Oklahoma is a harsh state that convicts a higher percentage of its citizens who appear in court than most other jurisdictions in the entire nation. Do not face an experienced and seasoned District Attorney alone if you are not an experienced attorney.
If you choose to represent yourself, you are most likely going to be outsmarted by the tough Oklahoma City prosecutors. Improve your chances of staying out of prison by retaining a criminal defense lawyer in Oklahoma City, OK who has the wit and tenacity to present a solid defense for you.
Police, investigators, and prosecutors represent the state of Oklahoma and work to build a case against you. Do not trust them without having a legal expert looking out for your best interests.
Initial Consultation: Oklahoma City Criminal Defense Attorney
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