Normally, we associate burglary in Tulsa, Oklahoma with the breaking and entering of a house with the intent to steal something from inside the house.
However, burglary is a crime against a person’s property and a burglar can break and enter all kinds of property in addition to a house.
A breaking and entering of a boat or a car with the intent to commit a felony inside, can lead to a vehicle burglary charge. It is a serious crime in Oklahoma. Okla. Stat. tit. 21 §§ 1431, 1435
Burglary Classifications in Tulsa
Burglary can be either of the first or of the second degree. Burglary of the first degree is considered to be a more serious crime. A vehicle burglary charge is second-degree burglary in Tulsa.
But burglary, whether of the first degree or of the second degree, is a felony offense in Oklahoma. And all felony convictions are serious. They have serious consequences and can be life-altering events.
Burglary of a Vehicle: What is it?
A vehicle burglary charge in Tulsa could stem from breaking and entering any of the following kinds of property with the intent to steal or commit a felony inside: building, room, booth, tent, railroad car, automobile, truck, trailer, or vessel; or if you forcibly open any coin-operated or vending machine or device.
Breaking and entering is a term of art in these circumstances. If you shatter the window to get to the inside of the vehicle, that is one kind of breaking and entering. But using a false key or entering a car with a hanger through a partially open window may be considered to be a breaking and entering as well.
Burglary also requires an illegal intent. In this case, the intent is to commit a felony inside or to steal something from inside the car.
Thus, taking someone’s cell phone from inside a car, a credit card left on the seat, or the like will certainly be deemed burglary from a vehicle.
Defenses Against a Vehicle Burglary Charge
Breaking and entering by itself is a misdemeanor crime in Oklahoma.
If the prosecution is unable to prove the required intent to steal or commit a felony, then your charge may be pled down to simple breaking and entering — a much less serious offense.
Likewise, if you can show that you had permission to enter the car, then there is no breaking and entering and thus no burglary.
An experienced Tulsa criminal defense attorney can best advise you on possible defenses available to you.
Penalties for Burglary
Burglary is a felony in Oklahoma, whether of the first or second degree.
Second-degree or vehicle burglary is punishable by between two and seven years in prison. Okla. Stat. tit. 21 § 1436
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know is facing a vehicle burglary charge in Oklahoma, 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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