Criminal Defense Felony Burglary 2 Attorneys in Oklahoma

In Oklahoma, burglary is categorized into two grave offenses: criminal felony burglary in the second degree and criminal felony burglary in the first degree. Understanding these distinctions is crucial, particularly if you're facing charges. To navigate these turbulent waters, immediate legal counsel is imperative.

Distinguishing Between Second-Degree and First-Degree Burglary

Let's demystify the key difference: Second-degree burglary involves unauthorized entry into a non-occupied building with the intent to commit a crime therein. In contrast, first-degree burglary occurs under the same premises, but with the crucial difference that the property is occupied at the time, marking a significantly more severe offense.

The Gravity of Burglary Penalties in Oklahoma

The consequences of burglary in Oklahoma are severe and vary based on the degree of the offense. Second-degree burglary may result in two to seven years of imprisonment, while first-degree burglary, a more critical charge, carries a sterner penalty ranging from a minimum of four years to a potential life sentence in prison. Fines up to $5,000 and possible restitution orders further compound the severity of these charges.

Factors Influencing Burglary Penalties

Several elements can affect the severity of a burglary sentence. Utilization of a weapon during the crime can lead to escalated penalties, whereas mitigating factors such as the absence of theft could potentially reduce the sentence. Juveniles or first-time offenders may have access to alternative sentencing options, highlighting the necessity of skilled legal representation.

Strategizing Your Defense Against Burglary Charges

Expert legal support in Oklahoma is pivotal for devising an effective defense strategy. Whether arguing lack of intent, challenging the prosecution's case, or seeking charge reductions, an experienced attorney is your best ally. Ball Morse Lowe specializes in crafting vigorous defenses tailored to the specifics of your situation.

Secure Your Legal Defense with Ball Morse Lowe

Facing burglary charges in Oklahoma demands prompt action. Ball Morse Lowe is here to stand by your side, offering unmatched legal expertise and support. Our seasoned defense attorneys are prepared to navigate the complexities of your case, striving for the most favorable outcome.

Don't let the weight of felony burglary charges deter your resolve. Contact Ball Morse Lowe for comprehensive legal assistance. Reach out to us at 405.701.5355 or via our contact form to begin fortifying your defense today. Your rights and future are our utmost priority—let us advocate passionately on your behalf.

FAQs Felony FAQs Burglary in Oklahoma

What constitutes Felony Burglary in Oklahoma?
    • In Oklahoma, Felony Burglary is typically defined as unlawfully entering a building or occupied structure with the intent to commit a crime therein without permission or beyond the scope of permission granted. The crime can be categorized as either Burglary in the First Degree or Burglary in the Second Degree, depending on the specifics of the offense, such as the presence of a person within the structure at the time of the burglary.
What are the differences between First Degree and Second Degree Burglary in Oklahoma?
    • First Degree Burglary involves entering a dwelling (a place designed or intended for overnight accommodation) with the intent to commit a crime inside, especially when it is occupied. Second Degree Burglary generally involves entering a building or structure (not designed for overnight accommodation) with the intent to steal or commit a felony. The presence of people inside the structure is a key differentiator between the two degrees.
What are the penalties for Felony Burglary in Oklahoma?
    • Penalties for Felony Burglary vary based on the degree of the offense and the defendant's criminal history. For First Degree Burglary, the punishment can include a prison sentence ranging from seven years to life. Second Degree Burglary carries a penalty of two to seven years in prison. Fines and restitution may also be imposed.
Can someone be charged with Burglary for entering an unlocked home or building?
    • Yes, a person can be charged with burglary for entering any dwelling or building with the intent to commit a crime inside, regardless of whether the entry was through an unlocked door or window. The act of entering without permission, with the intent to commit a felony, theft, or any illegal act, constitutes burglary.
What should I do if I am charged with Felony Burglary in Oklahoma?
    • It is crucial to seek legal representation immediately. An experienced criminal defense attorney can provide guidance, help you understand the charges against you, and develop a defense strategy to protect your rights.
Are there any defenses against Felony Burglary charges?
    • Possible defenses against burglary charges may include proving that the accused had no intent to commit a crime upon entering the structure, that the accused had permission to be in the building, or challenging the legality of how evidence was obtained. Specific defenses will depend on the circumstances of the case.
Can Felony Burglary charges be reduced in Oklahoma?
    • In some cases, it may be possible to negotiate the charges to a lesser offense as part of a plea agreement, especially if the evidence against the accused is not strong or if there are mitigating circumstances. An attorney can negotiate on behalf of the accused.
How does a Felony Burglary conviction affect one's future?
    • A felony conviction can have long-lasting impacts, including difficulty finding employment, loss of voting rights while incarcerated, inability to possess firearms, and potential loss of professional licenses. It may also affect housing and educational opportunities.
What is the statute of limitations for Felony Burglary in Oklahoma?
    • The statute of limitations for burglary in Oklahoma is generally seven years. This means the state has seven years from the date of the offense to begin prosecution.
Is trespassing the same as burglary in Oklahoma?
    • No, trespassing and burglary are separate offenses. Trespassing involves unlawfully entering or remaining on property without intent to commit a felony or theft. Burglary requires the intent to commit a crime once inside. Trespassing is generally considered a less serious offense than burglary.

These FAQs offer a general overview of Felony Burglary in Oklahoma and should not be considered a substitute for legal advice. Call 405.701.5355 to set up a consultation today!


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