You need an experienced Norman felony defense attorney when facing burglary charges in Norman. Although typically a non-violent crime, burglary has long been considered a serious offense by this state’s government. One wrong decision can have you facing years in prison. If this sounds like you, you must consult a skilled Norman burglary defense attorney ASAP.
At Pierce Law Firm P.C., we have the expertise to navigate any burglary charge because we’ve been doing it for over three decades. We won’t back down from a fight and are here to defend your rights every step of the way.
Burglary Charges in Oklahoma
In cases of theft or burglary, most people think that all instances of theft are robbery. However, there are subtle differences between burglary and robbery. In burglary, it involves breaking or entering a building with the intent to commit theft. Robbery, on the other hand, refers to the act of taking property from another person by force or intimidation. Thus, the key differences between the two (2) crimes are the use of force, the crime’s location, and the victim’s presence.
In Oklahoma, burglary is defined under Sections 21-1431 and 21-1435 of the Oklahoma Statute. Essentially, burglary means (1) breaking and entering (2) into a building, structure, vessel, or vehicle (3) with the intent to commit a crime. For a successful burglary conviction, the prosecutor must prove the presence of all of the preceding elements with reasonable doubt.
Under Oklahoma law, there are three (3) main degrees of the crime of burglary.
First Degree Burglary (21 O.S. § 1431)
Burglary in the first degree is the most severe degree defined under Section 21-1431 under Oklahoma law. It means breaking into and entering “the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein.”
“Breaking into and entering” does not necessarily mean employing force. “Breaking and entering” may be accomplished in the following ways, to wit:
- By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter; or
- By breaking in any other manner, being armed with a dangerous weapon, or being assisted or aided by one or more confederates present; or
- By unlocking an outer door using false keys, picking the lock, lifting a latch, or opening a window.
Since burglary in the second degree involves the invasion of a home, it is deemed a violent felony under the 85% Crimes as provided under 22 O.S. § 13.1. The crime is punishable with imprisonment of not less than seven (7) years or more than twenty (20) years. The convicted individual must serve at least 85% of the sentence to be eligible for parole.
Second Degree Burglary (21 O.S. § 1435)
Burglary in the second-degree burglary is a lesser crime than burglary in the first. It carries a penalty of imprisonment not more than seven (7) years. It is defined as breaking and entering the dwelling house of another, in which there is, at the time no human being present with the intent to commit a crime. It also includes the breaking and entering of any commercial building or any part of any building, room, booth, tent, railroad car, or other structure or breaking into or forcibly opening any coin-operated or vending machine or device with intent to steal any property therein or to commit any felony.
Third Degree Burglary (21 O.S. § 1435)
Lastly, burglary in the third degree means breaking and entering, climbing under, or using “any jack stands or any other item to raise any automobile, truck, trailer, or vessel of another, in which any property is kept” to steal any property therein or commit any felony. Persons convicted of burglary in the third degree shall be meted with a penalty of imprisonment for not more than five (5) years or a fine not exceeding five thousand dollars ($5,000).
Don’t Jeopardize Your Future
Don’t put your future at risk. Handle your case with a law firm that won’t back down from a fight, even when the pressure’s on. The experienced criminal defense lawyers at Pierce Law Firm are here for you, even in the most harrowing circumstances. Contact us today for a no-cost consultation.