In Okmulgee, Oklahoma, burglary can be of the first or second degree, with burglary in the first degree being the more serious of the two crimes.
Okmulgee burglary of a car is deemed second-degree burglary.
Defining Okmulgee Burglary
If you break and enter any of the following with the intent to steal or commit a felony inside, you may be guilty of burglary in the second degree under the statute: building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure.
If you forcibly open any coin-operated or vending machine or device, you could be convicted of Okmulgee burglary in the second degree. Okla. Stat. tit. 21 § 1435
Even if you enter an unlocked car, if you are entering the car with the intent to take something that belongs to another person or you have the intent to commit another felony in the car, you could be convicted of second-degree burglary.
Burglary in the first degree 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 Okmulgee burglary.
Penalties for Okmulgee Burglary
Burglary is a felony crime in Oklahoma, whether of the first or second degree. However, burglary of the first degree carries a much harsher prison sentence — 7 to 20 years.
Burglary in the second degree is punishable by two to seven years in prison. Okla. Stat. tit. 21 § 1436
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with burglary in Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
