If you’ve ever wondered about the specifics of burglary charges in Oklahoma, you’re not alone. As a criminal defense attorney practicing in the Sooner State, I often field questions from clients and the community about what constitutes different degrees of burglary. In this article, we’ll dive into second-degree burglaryâwhat it means, its elements, potential penalties, and why understanding it matters if you or a loved one faces such accusations.
What Is Second-Degree Burglary?
In Oklahoma, burglary is classified into degrees based on the circumstances of the crime. Second-degree burglary is one of the most common charges in this category. According to Oklahoma Statute §21-1435, second-degree burglary occurs when a person breaks into any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure where property is kept. It also includes breaking into or forcibly opening any coin-operated or vending machine. The crucial element the prosecutir must show is that the act was done with the actual intent steal proerty or comit a felony where the property is being kept.
In contrast to first-degree burglary
First-degree burglary typically involves entering an occupied dwelling, such as a home, and carries more severe penalties because of the increased danger to occupants. In comparison, second-degree burglary applies to non-residential structures, vehicles, or similar places where the risk to people is lower due to lack of occupancy. Examples include forcing entry into a storage shed to steal lawn equipment or breaking open a vending machine to take its money. Keep in mind that âbreakingâ doesnât require dramatic force like shattering a window or kicking in a door. Legally, it can be as minor as opening an unlocked door or window without permission. What matters most is the unauthorized entry paired with the intent to commit theft or another felony.
The Elements of Second-Degree Burglary
To secure a conviction for second-degree burglary, the prosecution must prove each element of the crime beyond a reasonable doubt. Based on Oklahoma’s jury instructions and statutes, these elements generally include:
- Breaking: The act of using force, however minimal, to gain entry. This could involve turning a doorknob on an unlocked door or prying open a window.
- Entering: Physically entering the structure, vehicle, or machine. Even partial entry, like reaching an arm inside, can suffice.
- Into a Qualifying Structure: This must be a place where property is kept, such as a building, vehicle, or vending machine. It doesn’t have to be a homeâcommercial buildings, sheds, or cars qualify. jpcannonlawfirm.com
- With Intent: The person must have the specific intent to steal property or commit another felony at the time of entry. Without this intent, the act might be charged as a lesser offense, like trespassing or breaking and entering. okcca.net
If any of these elements are missing, a skilled criminal defense attorney in Cherokee County may argue for dismissal or reduction of charges. For instance, if the entry was authorized or there was no intent to commit a crime, the case could fall apart. Penalties for Second-Degree Burglary are classified as a felony in Oklahoma, which means the consequences can be severe and long-lasting. Under Oklahoma Statute §21-1436, a conviction can result in:
- Imprisonment: Up to seven years in the state penitentiary. Some sources note a range of two to seven years, depending on the circumstances and any prior convictions. law.justia.com
- Fines: Up to $1,000, or both imprisonment and a fine. okcattorneys.net
Talk With a Cherokee County Criminal Burglary Attorney
When you’ve been charged with a crime in Cherokee County district court or Cherokee Nation tribal court, you need help. A felony charge can derail your life. Impacting your freedom and painting you as a criminal offender in your community. Get a free consultation with a criminal defense attorney at Kania Law – Tahlequah Lawyers by calling 539.867-2321. Or you can follow this link to ask an online legal question.