There are many ways of legally describing the act of taking something that doesn’t belong to you, chief among them: theft, robbery, shoplifting, and burglary. Each is a little different, and these differences can be important when you are being investigated or charged.
A Wagoner, Oklahoma first degree burglary charge is among the most serious theft-related criminal charges.
FAQ: Oklahoma First Degree Burglary Charges
Under Oklahoma law, burglary is a crime that can be charged either in the first or the second degree. First degree burglary is more serious than burglary in the second degree.
Burglary in the first degree requires an illegal entry via breaking and entering or other means, into a dwelling or other structure with the intent to steal or commit another crime, at a time when another person is in the dwelling. The danger imposed upon the person within by the presence of the intruder is what makes this a more serious crime. Okla. Stat. tit. 21 § 1431
The breaking and entering can be done in a number of ways. It can be done by forcibly bursting or breaking a wall, door, window, or the like. It can also be done with a dangerous weapon or by being assisted by others. It can even be done by unlocking a door with a false key, lifting a latch, or opening a window. All of these are sufficient methods under the law to be found guilty if the requisite intent — that of the intent to steal, or commit another crime — can also be proven.
Penalties for Burglary in Wagoner
Burglary is a felony offense in Oklahoma, whether of the first or second degree. However, a conviction of an Oklahoma first degree burglary charge carries a much harsher prison sentence of 7 to 20 years. Burglary in the second degree is punishable by between two and seven years in prison. Okla. Stat. tit. 21 § 1436
If the prosecution cannot prove intent, you may be able to plead to the lesser crime of breaking and entering, a misdemeanor offense. Okla. Stat. tit. 21 § 1438
Initial Strategy Session: Wagoner Felony Defense Attorney
If you or someone you know is facing an Oklahoma first degree burglary charge, the felony defense attorneys at Wirth Law Office – Wagoner encourage you to schedule a initial consultation to discuss what an experienced criminal defense attorney can do to resolve your criminal matter.
Call a Wagoner felony defense attorney at 918-485-0335 to schedule your low-cost strategy session. You may also contact us by email using the form at the top of this page.
