Burglary comes in two basic types in Tulsa, Oklahoma. You can be convicted of a Tulsa burglary charge in either the first or the second degree.
While burglary in the first degree is a more serious crime than burglary in the second degree, both are felony convictions in Oklahoma. Also, any felony conviction will mean automatic jail time.
If you are facing a second-degree Tulsa burglary charge, here are some things that you might want to know.
What is a Second-Degree Tulsa Burglary Charge?
Tulsa burglary is a crime based on stealth. When we hear the term, we imagine someone breaking into a house at night when its occupants are away. We can almost see the intruder with a mask on, and the stereotype that we carry in our mind’s eye is fairly accurate.
In Oklahoma, burglary in the second degree is the breaking and entering into a building with the intent to steal or commit a felony inside. But it can also include the breaking and entering into any of the following with the same intent: a room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure. It also can include breaking into a coin-operated or other type of vending machine. Okla. Stat. tit. 21 § 1435
Burglary in the second degree escalates to burglary in the first degree if a person is present on the premises at the time of the burglary. It is the threat of harm or danger to the person inside that pushes the crime to the first degree. Okla. Stat. tit. 21 § 1431
Stiff Penalties for Tulsa Burglary Charges
Burglary of either degree is a felony in Oklahoma.
Burglary in the second degree is punishable by a prison term of between two and seven years. Okla. Stat. tit. 21 § 1436
However, burglary in the first degree carries a much harsher prison sentence.
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know has been accused of committing a Tulsa burglary, 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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