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Burglary

by admin on February 3, 2012 in Criminal Defense

People need to feel safe–whether that safety protects their home, office, or their own bodies.

The Oklahoma legislature and state courts have statutes that govern the charges of burglary or robbery severely in terms of their punishments. A defendant who is convicted of burglary or robbery could face a long prison sentence.

Burglary Charges in Oklahoma

Burglary in the First Degree
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.

The key aspect of this statute is the fact that a person must be present in the dwelling/building in question in order for a charge of burglary to attach. If the person is not present, burglary in the second degree may apply.

Punishment for Burglary Crimes in Oklahoma

Burglary is a felony punishable by imprisonment in the State Penitentiary as follows:

  • Burglary in the first degree for any term not less than seven (7) years nor more than twenty (20) years; and
  • Burglary in the second degree not exceeding seven (7) years and not less than two (2) years.

Robbery Charges in Oklahoma

Robbery is a different charge from burglary in Oklahoma.

The difference between burglary and robbery is that the victim of the crime is present in a robbery:

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.

In order for a robbery charge to be applied, the elements of fear and force must be present:

  • 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.
  • If the alleged robber actually inflicts bodily harm or places the victim in a reasonable state of fear of such injury’s imminence, the crime will be considered first-degree robbery. If not, the defendant will likely be charged with second-degree robbery.

Punishment for Robbery Crimes in Oklahoma

The statutes define the punishment for robbery as follows:

  1. First Degree Robbery – Not less than 10 years in prison
  2. Second Degree Robbery – Not more than 10 years in prison

If you or someone you love is burglary charges or robbery charges, it is crucial to take action soon to build a strong defense. Contact our firm today so we can start working for you.

Call us toll-free 1-888-GARRETT (1-888-427-7388) or fill out our contact form for a free legal consultation.

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