Burglary is considered a felony in Oklahoma, and you could be charged with it in the first or second degree. These charges illustrate how seriously the state takes these offenses, and it is important to hire an Oklahoma City theft lawyer to represent you so you can fight to protect your freedom and your rights.
What Constitutes Burglary in Oklahoma
Burglary consists of breaking into a residential or commercial structure while someone is inside or the offender has a weapon, assistance, or has picked a lock. According to 21 O.S. § 1431, this is considered Burglary in the first degree. Burglary in the second and third degree involves breaking into a residential or commercial structure or vehicle when no one else is present and stealing property, per 21 O.S. § 1435.
While often used interchangeably, burglary differs from robbery in that robbery involves threats or actual force that cause fear of imminent harm or result in bodily injury. Furthermore, both of these classifications are forms of theft.
How Burglary is Charged in Oklahoma
Oklahoma punishes burglary in the first, second, and third degree as felony offenses. Penalties vary by degree and can significantly cost you your freedom. According to 21 O.S. § 1436, burglary in the first degree is punishable by 7-20 years in prison if convicted. Second-degree offenders can receive up to 7 years in prison, while third-degree offenders can receive up to 5 years in prison and/or be required to pay up to $5,000 in fines.
Additionally, burglary offenses involving explosives could receive 20-50 years in prison (21 O.S. § 1441). Offenders who have existing burglary convictions on their records and are found with certain tools in their possession could also face serious penalties in accordance with the law (21 O.S. § 1442).
Defenses Your Lawyer Can Use if You Have Been Charged With Burglary
Felony offenses are serious charges that can cost you more than just your freedom. They can also damage your relationships, reputation, and limit your legal rights. That is why you should hire a lawyer immediately if you have been charged with burglary. If you already have a conviction or arrest holding you back, an attorney can help you look into Oklahoma expungements to clear your criminal record. Above all, you should not talk to the police without a lawyer present after your arrest. You have a right to have legal representation and remain silent. Lawyers can also assess your circumstances and get to work building a strong defense strategy.
Some common defenses that may be effective can include demonstrating that you had permission to enter the structure of the vehicle, no property was broken, you were misidentified, you had an alibi, or you lacked the intent to commit a crime. Additionally, if there are procedural errors by law enforcement, evidence tampering, chain of custody issues, or other such issues, then your criminal defense lawyer could work to suppress this information and evidence from being used against you. Lawyers are skilled at advocating and effectively fighting for you.
Hire a Lawyer to Provide Legal Representation
Legal representation is critical when you are facing such serious charges and a loss of your freedom. There are variables in every case that could hurt your outcome without experienced support and legal guidance throughout the process. When you reach out to our firm, Josh Lee & Associates gets to work fighting for you.
