In Okmulgee, a charge of Oklahoma burglary 1st degree should be taken seriously.
All burglaries are considered felonies in Oklahoma and if you are convicted of a felony, it can change your life.
FAQ: Oklahoma Burglary 1st Degree
Burglary is based on the idea of breaking and entering with the intent to steal or to commit another felony.
Oklahoma burglary 1st degree is defined as breaking and entering into the house of another at a time when another person is inside — with the intent to commit a crime inside.
A conviction could lead to seven to 20 years in prison.
Additional Information
To gain an Oklahoma burglary 1st degree conviction, the prosecutor must prove two elements — breaking and entering and the intent to commit a crime inside. The prosecution has the burden of proving both of these beyond a reasonable doubt.
Thus, if your fingerprints are on a smashed window and you are caught with the owner’s prized jewelry in your pocket, the prosecution may be able to easily prove those elements. But if you enter and are caught watching TV on the couch, the prosecution may have difficulty proving its case.
If the prosecution can prove that you entered unlawfully, but cannot prove that you had the intent to commit a crime, the charge may be dropped to breaking and entering, a misdemeanor crime. Okla. Stat. tit. 21 § 1438
The breaking and entering could be a shattering of a wall, door, or window, or the unfastening of a window or shutter. It could include being armed with a dangerous weapon or being aided by an accomplice. Unlawful breaking and entering can also be accomplished by using a false key or by picking a lock. Okla. Stat. tit. 21 § 1431
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with Oklahoma burglary 1st degree, 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.
