Burglary
Have you been charged with burglary in Oklahoma? I am Oklahoma City Attorney Aaron Easton and today we’re going to talk about burglary but specifically the part of the statute that utters the phrase breaks and enters because this is something that commonly confuses folks.
Speaking from experience, I have clients who have been charged with and or convicted of burglary and one of the things they say is, I never broke anything, I didn’t break into it, I didn’t have to bust a window or pick a lock or anything like that. And so it is something that is actually a pretty broad definition when the state uses the word breaks and enters but it is also specific, and so I want to be really precise on this point.
The Definition of Breaking and Entering
I’m going to read from the statute here just briefly and it’s under Title 21, Section 1431. That’s first-degree burglary, there are other sections for second and third but the breaks and enters really fit along the same lines.
The statute starts with every person who breaks and enters into the dwelling and goes on but speaking of breaking specifically, the way it’s defined in that statute is one, by forcibly busting or breaking the wall or an outer door or a window or shutter of a window or the fastening of a window. So that’s kind of more what people think about. I’m forcing my way into something that was locked.
Number two is by breaking in any other manner, so anything, while you’re armed with a dangerous weapon or aided by one or more confederates who are actually present. So if you’re with somebody else, somebody lets you in somewhere, still breaking and entering as far as the burglary statute goes.
Lastly, by unlocking any outer door by means of false keys or picking the lock thereof, which again is the picking part, which I think is intuitive, but then the last part of that kind of catches a lot of people, or by lifting a latch or opening a window. So no breaking necessary by the general definition, by the Webster’s Dictionary definition, but that’s considered breaking and entering as far as the state of Oklahoma is concerned for a burglary statute, lifting a window to go inside.
The Importance of Legal Representation
Now, as I mentioned, it’s very broad, the things that they can get you for breaking and entering under, but it’s also very specific. If somebody enters a dwelling or a commercial property or something of that nature in a form or fashion other than what’s listed here, then it doesn’t qualify as breaking and entering under the statute. And that’s why you really want an attorney to represent your rights and to advocate on your behalf.
It’s also why you really don’t want to talk to law enforcement or the state’s prosecutors about your case because it could be really easy to slip up on a fact that may not seem important but actually is the thing that gets you convicted of a very serious crime in Oklahoma.
Speak to an Attorney for a Confidential Consultation
To talk about the specifics of your case, you’re going to want to speak to an attorney privately and confidentially, and you can reach one at my firm at oklahomacitycriminaldefenseattorney.pro.