First Degree Burglary Carries A Significant Prison Sentence
Burglary is a serious felony in Oklahoma, which can result in a prison sentence typically between two and twenty years depending on the crime’s degree. In special cases, this can even go up to fifty years. If you or someone you know is facing a charge for burglary in Tulsa, it is important to understand how Tulsa, Oklahoma defines the crime. According to state law, a first degree burglary is, “Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with the intent to commit some crime therein. . .” Further, the crime requires: (1) breaking in with force, (2) breaking in any other way when armed or when helped by an accomplice, or (3) using false keys to open a door or window. Someone found guilty of first degree burglary could face a prison sentence of between seven and twenty years.
Second Degree Burglary Defined
As to second degree burglary, a lesser offense, Oklahoma defines the crime as someone who, “breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection, in which any property is kept, or breaks into or forcibly opens, any coin operated or vending machine or device with intent to steal property therein or to commit any felony. . .” This lengthy definition differs from first degree in that second degree burglary does not involve a dwelling or residence. If guilty of second degree burglary in Tulsa, a person could receive a sentence of between two and seven years in prison. An additional state law significantly raises the penalty for a burglary to between 20 and 50 years in prison, if an explosive is used to gain entry.
Lesser Offenses Related to Burglary in Tulsa
Oklahoma law also defines several lesser, yet still serious, offenses related to burglary. Even if a burglary has not occurred, simply possessing the tools used to commit the act can be a crime, if the state can prove intent. This crime increases in severity if you have a previous burglary conviction. Finally, you can be punished for the act of breaking and entering, even if the other elements of burglary cannot be proved.
Initial Strategy Session: Tulsa Criminal Defense Attorney
Burglary and its related crimes are serious charges, and if you or anyone you know is faced with them, please contact a Tulsa Criminal Defense Attorney. Contact the Seventh Street Tulsa Law Firm today for a confidential and initial attorney consultation by calling (918) 932-2777.