OKC Criminal Defense Lawyer Blog
What to Do if You Are Charged with Burglary but It Did Not Involve Theft in Oklahoma?
Have you been charged with burglary in Oklahoma for a crime that doesn't involve theft? Hi, I'm Oklahoma City Attorney Aaron Easton, and believe it or not, that's pretty common. So while most of us think about burglary as entering a home or a vehicle to commit some theft, the way the statute is written does not always mean that. So with burglary, what the state is saying you did is that you crossed the threshold of that car, or more likely, that home, with the intent to commit a crime at the time you've crossed the threshold. So this is an important concept, because in Oklahoma, and really across the country, crimes fall under two different categories, a general intent crime or a specific intent crime. In a general intent crime, the state just has to prove that you had the intent to do an act that led to a crime. A specific intent crime means that it's the state's job in order to get a conviction, if that's what they're looking for, and obviously they are, it's their job to show that you had the specific intent to commit something. And in burglary, that is, and I'll pull up the statute here just briefly, so it talks about entering a dwelling with the intent to commit a crime. So at the point that you cross the threshold in the house, you have to have the specific intent in mind, or the state has to prove that you had that specific intent, to commit a crime inside. And so often, they charge individuals with burglary who commit some other crime inside of a home, such as a domestic violence, or an assault and battery, or a sexual assault crime, or something of that nature. They also tack on burglary, but the reason you want an attorney in that situation is because they understand the state is going to have to prove that not only did you commit whatever other crime they're talking about inside, for the burglary to stick, they have to show that you had that intention to commit the crime. So it's important not to speak to law enforcement when interviewed about this kind of thing, and certainly not to talk to the state and the prosecutor about it, because burglary is an extremely important crime. It's a crime that carries a sentence up to 20 years. It's a crime in which you have to serve 85% of your time. So a lot of times, folks look at it as a throwaway, as just attached to some other, what they think of as a more egregious crime, but it's Read more »
What to Do if You Are Charged with Third-Degree Burglary in Oklahoma?
If you've been charged with third-degree burglary in Oklahoma, it's crucial to understand the potential consequences. Despite being less well-known than first or second-degree burglary, third-degree burglary is a felony that can result in significant prison time. According to Title 21 of the Oklahoma Statutes, Section 1435, third-degree burglary involves breaking into or climbing under vehicles with the intention to steal property inside, attached to them, or to commit any felony. This includes stealing radios, change, tires, wheels, or catalytic converters. Conviction for this offense can lead to a maximum sentence of five years in the Department of Corrections. If you're facing charges, it's important to consult with an experienced attorney to discuss the specifics of your case. Read more »
What to Do if You Are Charged with Second Degree Burglary in Oklahoma?
In Oklahoma, being charged with second degree burglary is a serious offense. According to the state's statutes, it is defined as breaking into a dwelling or any commercial building with the intent to steal property. This catch-all definition encompasses a wide range of scenarios, from breaking into a home to tampering with a vending machine. It is important to note that this crime is considered a felony and can carry a sentence of up to seven years in the Department of Corrections. If you find yourself facing these charges, it is crucial to seek legal representation immediately. Contact a reputable Oklahoma City criminal defense attorney for confidential assistance with your case. Read more »