Any burglary charge in Oklahoma should be taken seriously. There are differences between first-degree burglary and second-degree burglary, and those differences may have serious consequences for those facing trials in Okmulgee.
Dealing with a Burglary Charge in Oklahoma
A first-degree burglary charge in Oklahoma is more serious than a second-degree burglary charge in the state. However, burglary in either the first or second degree is a felony offense in Oklahoma.
Burglary is based on the idea of breaking and entering with the intent to steal or to commit another felony.
Burglary in the second degree is a breaking and entering into any of the following: a building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure, or the breaking into a coin-operated or vending machine. Okla. Stat. tit. 21 § 1435
What separates a second-degree burglary charge in Oklahoma from a first-degree burglary charge in Oklahoma is the presence or absence of people.
Burglary in the first degree is based on the presence of a person and can be defines as a breaking and entering into the dwelling of another person, when another person is present, with intent to commit some crime inside. Okla. Stat. tit. 21 § 1431
It is the threat to the other person by the presence of the burglar that determines whether first- or second-degree burglary was committed
Penalties for Burglary in Okmulgee
Burglary of any degree is a felony crime in Oklahoma.
Burglary in the second degree is punishable by a prison term of between two and seven years. Okla. Stat. tit. 21 § 1436
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with an Okmulgee criminal defense lawyer, call 918-756-9600 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.
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