When we hear the word “burglary,” we conjure images of a masked thief breaking into a house quietly at night to steal valuables. And in some part, that image is based in reality. Burglary in Tulsa OK is a crime grounded in stealth and is premised on the taking of property.
But like all crimes, it has certain elements that mark it as burglary rather than another crime. So what makes a crime burglary in the first degree in Oklahoma? Here are some things you may want to know about the crime.
First-Degree Burglary in Tulsa OK
Oklahoma is a jurisdiction that classifies its crimes by degrees. Under Oklahoma law, burglary is divided between first and second degree.
Burglary of the first degree is a much more serious crime than second-degree burglary. Both, however, are felonies in the state of Oklahoma.
Burglary is based upon an illegal breaking and entering into the property of another with the intent to take something not belonging to you, or to commit another felony inside the premises. It is a crime against property. Okla. Stat. tit. 21 § 1435
Burglary in the first and second degrees are very similar crimes. What separates burglary in the second degree from burglary in the first degree is the presence or absence of people.
First-degree burglary in Tulsa OK is based on the presence of a person and can be defined as breaking and entering into the dwelling of another person when another person is present, with the intent to commit some crime inside. It is the threat to the other person by the presence of the burglar that differentiates first from second-degree burglary. Okla. Stat. tit. 21 § 1431
In contrast, burglary in the second degree is a breaking and entering into any of the following: a building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure, or the breaking into a coin-operated or vending machine. No person is inside the premises at the time the crime is committed.
Breaking and Entering: A Term of Art
Breaking and entering into a premises can be achieved in a number of ways:
- forcibly bursting or breaking a wall, outer door, window, or lock;
- breaking in any other manner;
- being armed with a dangerous weapon;
- using a false key; or
- picking a lock.
All of these methods are considered illegal breaking and entering.
Breaking and entering itself is a misdemeanor offense under Oklahoma law. Okla. Stat. tit. 21 § 1438
If the prosecution is not able to prove all of the elements of burglary, sometimes the charges are plea bargained down to a misdemeanor breaking and entering offense.
Penalties for Burglary in Tulsa OK
First-degree burglary in Tulsa OK is punishable by a prison term from 7 to 20 years. However, burglary in the second degree is punishable by a prison term of between two and seven years. Okla. Stat. tit. 21 § 1436
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know has been accused of burglary in Tulsa OK, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa attorney today by calling 918-756-9600.
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