Burglary in Oklahoma City is tried as a felony, irrespective of if it is first or second degree. Vehicle burglary in Oklahoma is as second-degree burglary. Okla. Stat. tit. 21 § 1435
Defining Vehicle Burglary in Oklahoma City
A court examines how you enter a vehicle and what your intentions are as you do so. If you can discount your case on the grounds that you had no intention to commit another crime when you broke in or that you did not enter the vehicle unlawfully, you could win your case against the prosecution.
However, it may not be a walk in the park to win your case against an experienced prosecutor in Oklahoma City — even when you base your defense on one of the arguments mentioned above.
You will need the services of a seasoned Oklahoma City criminal defense attorney. Only a legal expert with the required knowledge will be able to examine the facts in your case and present a defense on your behalf.
Burden of Proof
Vehicle burglary in Oklahoma is essentially the trespass of someone else’s vehicle with the intent to commit another crime. Your intention in breaking into someone else’s car could be to steal something, perhaps a valuable item left lying on one of the seats.
The prosecution must prove all the following elements in order for you to be convicted of vehicle burglary in Oklahoma.
- That you broke into
- and entered
- a truck or automobile
- that belonged to someone else
- and had property within,
- to steal or commit another crime.
The prosecution must prove that you used unlawful methods to enter a vehicle that belonged to someone else. Ways of breaking into a car can include opening an unlocked vehicle, breaking a window, or using a stolen or false key.
The prosecutor must show the court that you had an intention to commit another crime after breaking into a vehicle. A charge of burglary cannot be sustained if the prosecution cannot prove the intent to commit another crime.
For instance, if you break into a hot vehicle to save a child or pet, you are unlikely to be charged with burglary. You may possibly face the less serious charge of breaking and entering.
Penalties
If you are convicted of burglary charges, you face a long time in prison without the option of a fine. You could spend between two and seven years in prison for vehicle burglary. This is also the penalty for all other second-degree burglary convictions in Oklahoma City.
Other break-ins can result in you facing second-degree burglary charges. Such break-ins include when you break into any of the following: a coin-operated vending machine, any different structure, a vessel, a trailer, a truck, an automobile, a railroad car, a tent, a booth, a room, or a building.
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.