In Oklahoma, there are three degrees of burglary, all of which are felony crimes.
The following is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. If you or someone you know are facing criminal charges, contact the Cale Law Office for a free initial consultation at 918-277-4800 or through the web.
First Degree Burglary
Breaking into someone’s home when it’s occupied with the intent to commit a crime is first-degree burglary. This can involve forcibly breaking doors or windows, using a dangerous weapon, having assistance from others, or using deceptive means like false keys or lock picking.
The punishment for first degree burglary is seven to 20 years in prison.
Second Degree Burglary
Breaking into a dwelling with no one present, a commercial building, or any structure to steal property or commit a felony is second-degree burglary.
The punishment for second-degree burglary is up to seven years in prison.
Third Degree Burglary
Using various methods to access an automobile, truck, trailer, or vessel with the intent to steal or commit a felony is third-degree burglary. This includes stealing attached property like tires, wheels, and catalytic converters.
The punishment for third degree burglary is up to five years in prison and/or a fine of up to $5,000.
Breaking and Entering Defined
The law specifically defines “breaking” and “entering.” “Breaking means any act of physical force, however slight, by which obstructions to entering are removed. Entering is defined as an entry which occurs when any part of a person’s body is within the object or structure being broken into.
Possessing Burglary Tools
There is a separate crime concerning burglary tools. A person who possesses tools with the intent to commit burglary with those tools is guilty of a misdemeanor. The possible punishment is up to one year in jail and/or a fine of up to $500.
The crime of illegal entry is similar to burglary. However, illegal entry does not require the element of “breaking.” Illegal entry consists of entering a building or some other structure with the intent to commit any felony, larceny, or malicious mischief. The punishment for this misdemeanor crime is up to one year in jail and/or a fine not exceeding $500.
Working With Cale Law Office
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards. If you or someone you know has been charged with a crime or is looking for an attorney for an appeal, call the Cale Law Office at 918-277-4800. Your initial consultation is free.