Oklahoma Burglary Charges
Burglary in the first degree is defined by the Oklahoma Statutes as follows:
Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:
- By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter; or
- By breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more confederates then actually present; or
- By unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window, is guilty of burglary in the first degree.
As such, a Defendant can only be convicted of first degree burglary if another person is present in the dwelling house when the Defendant breaks into and enters the location.
If no person is present in the dwelling house when the Defendant breaks into and enters, then the Defendant can only be convicted of second degree burglary. Burglary in the second degree is defined in Oklahoma as follows:
Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection, in which any property is kept, or breaks into or forcibly opens, any coin operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree.
Punishment for Oklahoma Burglary Conviction
In Oklahoma, Burglary is a felony punishable by imprisonment in the State Penitentiary as follows:
Burglary in the First Degree
1. Burglary in the first degree for any term not less than seven (7) years nor more than twenty (20) years;
Burglary in the Second Degree
2. Burglary in the second degree not exceeding seven (7) years and not less than two (2) years.
Oklahoma Robbery Charges
In Oklahoma, robbery is not the same as burglary; in a sense, robbery is theft from a person, and burglary is theft from a home. Specifically, robbery is defined in Oklahoma as follows: Robbery is a wrongful taking of personal property in the possession of another, from his person or immediate presence and against his will, accomplished by means of force or fear.
Furthermore, to constitute robbery, the force or fear must be employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery.
Moreover, the value of the items taken does not matter so long as the wrongful taking is effectuated through the use of force or fear.
Punishment for Oklahoma Robbery Conviction
Any person guilty of robbery in the first degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not less than ten (10) years.
Any person guilty of robbery in the second degree shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years.
If you or a loved one has been charged with burglary in Oklahoma, time is of the essence. You need an Oklahoma criminal defense attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.