Most of the time, we associate the crime of burglary in Oklahoma with a house – the stealthy breaking and entering into a house with the intent to steal something inside. That is the image we carry in our mind’s eye, but that is not the only way burglary in Oklahoma occurs.
In Wagoner, Oklahoma, burglary is essentially a breaking and entering into another’s property with the intent to steal or to commit another felony inside. Thus, vehicle burglary in Oklahoma is a potentially serious crime to commit. Okla. Stat. tit. 21 §§ 1431, 1435
FAQ: Vehicle Burglary in Oklahoma
Oklahoma categorizes burglary as either of the first or second degree. Burglary of the first degree is a more serious crime than burglary of the second degree, but burglary in Oklahoma, whether of the first or second degree, is a felony offense. All felonies are serious crimes with serious ramifications.
Burglary of a car is considered to be burglary in the second degree. Breaking and entering a car, or any of the following, with the intent to steal or commit a felony inside, are all considered to be second-degree burglary in Oklahoma: building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure. Additionally, if you forcibly open any coin-operated or vending machine, you could also be convicted of second-degree burglary.
So what constitutes breaking and entering? Obviously, if you take a crowbar and shatter a window to get in, that would be breaking and entering. But what about using a false key, or even entering an unlocked car that belongs to someone else?
The statute defines breaking and entering as the forceful bursting or breaking of doors, windows and the like, and even the unlocking of an outer door by means of false keys or by picking the lock, or by lifting a latch or opening a window.
Basically, if you have no right or permission to enter and do so with the intent to take something from it that belongs to another person, or have the intent to commit another felony in the car, you could be convicted of second-degree burglary in Oklahoma.
First-degree burglary in Oklahoma is somewhat similar. It requires an illegal entry via breaking and entering or other means into a dwelling or other structure with the intent of stealing or committing another crime, at a time when another person is in the dwelling. It is the threat to the other person by the presence of the burglar that differentiates first from second-degree burglary in Oklahoma.
Penalties for Burglary in Oklahoma
First-degree burglary in Oklahoma carries a lengthy prison sentence of 7 to 20 years.
Second-degree burglary, or vehicle burglary in Oklahoma, is punishable by a prison term of between two and seven years. Okla. Stat. tit. 21 § 1436
Initial Strategy Session: Wagoner Felony Defense Attorney
If you or someone you know is accused of vehicle burglary in Oklahoma, 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 legal matter.
Call a Wagoner felony defense attorney at 918-485-0335 to schedule your initial consultation. You may also contact us by email using the form at the top of this page.
