Second Degree Burglary crimes in Oklahoma are charged as felonies. Burglary charges come in different degrees. The degree of burglary determines the punishment a person is faced with in the event that they are convicted. Like other degrees, burglary second carries significant legal consequences. Understanding the nuances of this offense, available defenses, and potential sentencing outcomes is crucial for anyone facing such allegations. Read this criminal defense article for information about burglary charges and what you can expect.
Understanding Second Degree Burglary
Second degree burglary in Oklahoma is codified under Title 21, Section 1435 of the state’s statutes. It encompasses unlawfully entering or remaining within a building, structure, or any part thereof, with the intent to commit a felony, theft, or any other crime therein. The difference between first and second degree is determined by the place that was entered. If the accused did not enter a home or residence of another the charge must be second degree. An example of second degree is when someone enters a storage or a vehicle of another without authorization. Using the same hypothetical but change the storage or vehicle to someone’s home and the crime is first degree burglary.
Some Defenses to Second Degree Burglary
When facing charges of second degree burglary, individuals may employ various defenses to challenge the prosecution’s case. Some common defenses include:
- Lack of Intent: Intent is a major element of the crime. Arguing that there was no intent to commit a crime upon entering the premises can be a viable defense. This defense strategy aims to demonstrate that the defendant’s presence within the structure was not with the purpose of engaging in unlawful activity. Without intent to commit a crime a conviction is more difficult.
- Mistaken Identity: If the prosecution’s evidence relies heavily on eyewitness testimony, asserting mistaken identity can cast doubt on the accuracy of the allegations. Challenging the reliability of witness identifications or providing alibi evidence may support this defense. This is identification might be done at the preliminary hearing or at trial. Regardless impeaching the testimony of a witness is always part of a defense.
- Consent: If the defendant had permission or lawful authority to enter the premises, they cannot be convicted of burglary. Providing evidence of consent, such as written agreements or witness statements, can bolster this defense.
- Illegal Search and Seizure: Contesting the legality of the search or seizure leading to the arrest can lead to the exclusion of evidence obtained unlawfully. Violations of constitutional rights, such as the Fourth Amendment protections against unreasonable searches and seizures, can result in the suppression of key evidence. A fourth amendment win is a strong one. If the search is illegal so is any evidence the state has as the result of the search. This is referred to as the fruit of the poisonous tree.
Range of Sentencing IF Convicted
If convicted of second degree burglary in Oklahoma, individuals may face a range of sentencing options determined by various factors, including the circumstances of the offense and the defendant’s criminal history. Potential sentencing outcomes include:
- Imprisonment: Second degree burglary is typically classified as a felony offense, punishable by imprisonment for a period of up to seven years. However, the actual length of imprisonment may vary based on aggravating or mitigating factors present in the case.
- Fines: Convicted individuals may be subject to monetary fines imposed by the court. These fines can vary in amount but may reach significant sums depending on the severity of the offense and any restitution owed to victims.
- Probation: In some cases, the court may opt for probation instead of or in addition to imprisonment. This includes both deferred and suspended sentencing. During probation, defendants must comply with specific conditions set by the court. Those include regular check-ins with a probation officer, community service, or participation in rehabilitative programs.
Tulsa Criminal Lawyers You Can Rely On
Understanding second degree burglary is important to you navigating what is at stake in your case. In any criminal charge the State is required to prove each element of a crime before you can be found guilty. If we can cast doubt on any or all of the elements of the crime you might walk away with your case getting dismissed or a not guilty. Our defense attorneys give you the legal leverage that you need on your side. For a Free consultation with a robbery attorney you can rely on call Tulsa Criminal Lawyers Law Firm at 918.416-0358. Or send an email to ask a criminal law question.