Can I Fight a Vehicle Burglary Charge in Oklahoma?

Vehicle burglary in Okmulgee, Oklahoma can be categorized under the umbrella of burglary in general. Thus, it is helpful to first understand how a general burglary charge in Oklahoma works.

What Constitutes a Burglary Charge in Oklahoma?

Burglary is a crime of theft. Oklahoma seeks to protect its citizens and their homes from invasion and theft under its burglary laws. Under Oklahoma law, burglary is classified as first and second degree.

A first-degree burglary charge in Oklahoma is considered to be a more serious legal matter than a second-degree burglary charge in Okmulgee. Both kinds of burglary are based upon an illegal breaking and entering into the property of another with the intent to take something not belonging to you, or to commit another felony.

Burglary of a car is deemed to be burglary in the second degree. The law states that if you break and enter a car or any of the following with the intent to steal or commit a felony inside, you may be guilty of burglary in the second degree: building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure (i.e. a coin-operated vending machine). Okla. Stat. tit. 21 § 1435

How you “enter” a car and your intent in doing so become critical issues. Having a clear defense on either point may help you maintain your freedom.

There are many ways to unlawfully “break and enter.” You can break a window, use a stolen key, or even enter an unlocked car.

The court will also need to look at the reason why you entered. If you entered a hot car to save a child or an animal, you may have a viable defense. If you entered to steal the phone left on the seat, you may not.