Burglary of any degree is a severe crime in Oklahoma City. Second degree burglary, though not as serious as first degree burglary, could see a defendant serve time in prison if convicted. If you or a loved one is accused of second degree burglary in Oklahoma, talk to an attorney as soon as you can.
What is Second Degree Burglary in Oklahoma?
Oklahoma laws describe this crime as breaking into someone’s property when there is no one within or into a coin-operated vending machine to steal or commit another felony. Okla. Stat. tit. 21 § 1435
Because no one is inside at the time of the crime, this is defined as second degree burglary in Oklahoma. If someone is inside, the defendant is charged with first degree burglary.
The intent to commit a felony is crucial to a burglary case. If there is no intent to commit a felony, then the defendant faces lesser charges.
Elements of the Charge
The state must prove the following six elements beyond a shadow of doubt in a second degree burglary case to obtain a conviction.
- Breaking and
- entering
- the building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, structure, or erection
- of another
- where property is kept
- with the intent to steal or commit any felony.
Penalties
Second degree burglary in Oklahoma is a felony. If convicted, you could end up spending up to seven years in prison. This crime does not carry the option of a fine. Okla. Stat. tit. 21 § 1436
The penalties for first degree burglary are quite harsh compared to those for second degree burglary. The minimum sentence for burglary 1 is 7 years in prison, while the maximum is 20 years.
Burglary of the third degree is the least severe and carries a punishment of a maximum of five years in prison.
Defenses
A seasoned Oklahoma City criminal defense lawyer can present permission as a possible defense. He or she can argue that you were lawfully on the property. They can question the intent provided by the prosecution by stating that you did not intend to steal or commit another felony.
An experienced attorney can attempt to negotiate to have your charges reduced to a less serious charge of misdemeanor breaking and entering, larceny, or another crime.
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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