Vehicle burglary in Wagoner, Oklahoma is a serious charge that can change the course of your life.
Burglary is a crime of stealth. It is a crime we associate with breaking and entering the property of another. And in fact, whether the breaking and entering is of a house or a car, it is a violation of a person’s property rights.
Burglary is essentially a breaking and entering into another’s property with the intent to steal or to commit another felony inside. Okla. Stat. tit. 21 § 1431
Vehicle Burglary: May Not Be What You Think
Oklahoma classifies burglary into first and second degrees. While burglary of the first degree is a more serious crime, all burglaries in Oklahoma are felonies.
Being convicted of a felony in Oklahoma is a life-altering event. It involves years of prison time and will hamper your ability to work after you are released.
Second-Degree Burglary in Wagoner
Vehicle burglary in Wagoner is second-degree burglary.
Also, burglary of the second degree can involve breaking and entering with an intent to steal or commit another felony inside a number of unexpected places, including: a building, room, booth, tent, railroad car, automobile, truck, trailer, coin-operated or vending machine, vessel, or other structure. Okla. Stat. tit. 21 § 1435
Since breaking and entering are elements of the crime, these facts are often disputed. There are some obvious facts that typically are construed as breaking and entering. If you break a door or window with a hammer, that seems an obvious breaking and entering.
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.
Under this statute, even lifting a latch can constitute a breaking and entering. Though less obvious, it is still entering the property of another without permission or right. Thus, use of a false key or generic key to enter a car may be sufficient under that statute.
The other element that may be disputed is the element of intent. The prosecution must prove that you entered with the intent to steal or with the intent to commit another felony inside.
Again, if you are caught with the car owner’s iPhone in your hands, it may be relatively easy for the prosecution to prove that you had intent to steal. It becomes more difficult to prove when nothing was left out in the open within the vehicle.
Penalties for Burglary in the Second Degree
Second-degree or vehicle burglary in Wagoner is punishable by a prison term of two to seven years. Okla. Stat. tit. 21 § 1436
Initial Strategy Session: Wagoner Criminal Defense Attorney
If you are facing a vehicle burglary charge in Oklahoma, talk to an experienced Wagoner criminal defense attorney as soon as possible. Do not wait and do not speak to the police. Remember that everything that you say to them can and will be used against you.
For a low-cost consultation, call Wirth Law Office – Wagoner at 918-485-0335.
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