If you’ve been charged with a crime in that includes entering someone’s home unlawfully while a person is present, you may be facing first-degree burglary. This is one of the more serious burglary charges in Oklahoma, and it comes with significant legal consequences. It’s important to understand how the law defines this offense, what penalties you may face, and how having an experienced criminal defense lawyer can make a critical difference in your case.
How Oklahoma Law Defines First-Degree Burglary
Under Oklahoma Statutes, a person commits burglary in the first degree when they break into and enter the dwelling house of another, at a time when someone is present, with the intent to commit a crime therein, and either:
- forcibly burst or break a wall, door, window or other part of the structure; or
- are armed with a dangerous weapon or aided by others present; or
- use false keys, pick the lock, or lift a latch or open a window to gain entry.
Because this offense involves entering an occupied dwelling and often presents a danger to the occupants, the law treats first-degree burglary more harshly than lower-level burglary offenses.
Penalties for a Conviction of First-Degree Burglary
If you are convicted of burglary in the first degree in Oklahoma, the statute governing the penalty provides that you face imprisonment for a term of not less than 7 years and not more than 20 years in the custody of the Oklahoma Department of Corrections.
Because first-degree burglary is a serious felony, it may carry other collateral consequences: long-term incarceration, loss of certain civil rights (such as firearm ownership or eligibility for some licenses), and a lasting criminal record that can affect housing, employment, and other life decisions.
What You Should Do Right Away
If you are facing charges of first-degree burglary in Tulsa County or elsewhere in Oklahoma:
- Do not speak to police or investigators without your attorney present. Information you give may be usable against you.
- Obtain a skilled criminal defense lawyer who has experience with burglary cases in Tulsa and the surrounding counties. The legal technicalities matter.
- Start gathering relevant evidence and planning defense strategies: alibi, lack of intent, no one was present, the structure was not a “dwelling house” as defined by law, or that the entry was not forcible or aided by others.
- Discuss plea vs trial options carefully. Because first-degree burglary carries heavy penalties, some defendants attempt to negotiate a reduction to a second-degree or third-degree burglary charge—though this requires careful counseling and strong legal representation.
- Prepare for collateral consequences. If convicted, beyond the prison term you’ll want to plan for how the felony record will affect your life. A skilled attorney can advise you about possible expungements, post-conviction relief, or alternatives.
Tulsa Burglary Defense Attorneys
In Tulsa and across Oklahoma, a first-degree burglary conviction is not a minor misdemeanor—it is a major felony carrying a minimum of 7 years in prison and up to 20 years. The stakes are high. If you or someone you care about faces such a charge, it’s vital to act quickly, secure strong legal representation, and fully understand both the obvious and hidden consequences of a conviction. A well-informed defense can make the difference between a harsh sentence and a more favorable outcome. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation.