Burglary and trespassing in Oklahoma can often be conflated as the same thing, but they have key differences. Oklahoma’s legal system defines and distinguishes between various offenses to maintain order as well as protect the rights of individuals. Two commonly misunderstood offenses are burglary and trespassing. Here we’ll delve into the key differences between burglary and trespassing in the state of Oklahoma. Not knowing these differences can be detrimental if you are facing one of these charges.
Burglary In Oklahoma
Burglary is a serious criminal offense that involves unlawfully entering a building with the intent to commit a crime. The intent is usually to commit theft of some sort. In Oklahoma, burglary is classified into two degrees:
- First-Degree Burglary: This can occur when an individual unlawfully invades a dwelling with the intent to commit a crime and, in the process, either uses or threatens the use of force against a person or persons inside. First-degree burglary is a serious felony in Oklahoma carrying severe penalties, including imprisonment and fines.
- Second-Degree Burglary: This offense involves an individual who unlawfully invades a building other than a dwelling with the intent to commit a crime. In this instance, a person inside is not threatened nor harmed while the crime is happening. While second-degree burglary is also a felony, the penalties are generally less severe than those for first-degree burglary.
An example of a first degree burglary is breaking into a person’s house when the person knows someone is home and holding them hostage while they rob the owner. A second degree burglary would be breaking into a person’s business during closing hours and gutting the place. Both versions of these crimes show intent, one merely has the added danger of someone being in harm’s way.
Trespassing In Oklahoma
Trespassing, on the other hand, is a less severe offense when you compare it to burglary. It involves accessing or remaining on someone else’s property or establishment without permission. In Oklahoma, trespassing is generally classified as a misdemeanor, but the severity of the offense can vary based on the following circumstances:
- Simple Trespass: Accessing or remaining on property without permission constitutes a simple trespass. It is typically a misdemeanor offense that is punishable by fines. It is much easier to expunge off your record if you are convicted. In some cases, a person might receive a sentence of probation .
- Aggravated Trespass: If an individual trespasses with the intent to maliciously deface or damage property, the offense may elevate to aggravated trespass. This can result in more severe penalties, including higher court fines and potential jail time.
An example of a simple trespass would be if a business owner has told you to leave and you don’t, then you’re now on the property illegally. Its not uncommon for a retailer who suspects a person of larceny from a retailer to trespass the suspect. If the person comes back to the store the owner will call the Police and try to have them charged and removed. An aggravated trespass would add the extra step of anger causing you to damage the person’s property when told to leave the premises. In these instances, there can be a level of uncertainty that you’re committing a crime, which is often why the punishment is less severe than a burglary.
Burglary And Trespassing Key Differences
When comparing burglary vs. trespassing, there are key differences that set them them apart from each other. These can mean the following:
- Intent: The main distinction between burglary and trespassing lies in the intention. Burglary involves entering a building with the intention to commit a crime, while trespassing generally involves unauthorized access without the specific intent to commit a crime.
- Location: Burglary often pertains to the unlawful invasion of a dwelling, while trespassing can occur on various types of properties, including residential, commercial, or public spaces.
- Penalties: Burglaries carry more severe penalties when compared to trespassing. The severity of the penalties depends on the degree of burglary and the specific circumstances surrounding the trespassing offense.
Oklahoma Trespass Defense
In Oklahoma law, individuals who are charged with trespassing may engage various defenses to mitigate or dismiss the charges. Common defenses aren’t limited to, but can include the following:
- Lack of intent where the accused person walked onto the property unintentionally or without awareness of the prohibition.
- Property owners that may not have clearly posted any “no trespassing” signs that could lead to potential confusion regarding the boundaries of private property.
- Former consent if the property owner once permitted the accused person to be on the premises.
- Challenging the property owner’s authority by questioning whether the individual had a reasonable belief that they were allowed to enter or remain on the property.
Understanding and asserting these defenses requires careful examination of the circumstances surrounding the alleged trespass. This emphasizes the importance of consulting with legal professionals well-versed in Oklahoma’s trespass laws to build a robust defense strategy.
Oklahoma Burglary Defense
Defending against burglary charges in Oklahoma involves a thorough examination of the circumstances surrounding the alleged offense. Common defense strategies may include:
- Challenging the element of intent by asserting that there was no clear evidence or indication that the accused entered the premises with the specific intent to commit a crime.
- Disputing the identification of the accused at the crime scene by questioning the reliability of witness testimony or surveillance evidence.
- Focusing on issues in relation to search and seizure procedures by ensuring that law enforcement followed proper protocols in obtaining evidence.
- Arguing that the accused had a lawful reason to be on the premises. One could also argue a lack of knowledge of any criminal activity occurring at the time of entry.
Given the complexity of burglary cases, consulting with a knowledgeable criminal defense attorney in Oklahoma is crucial. A great attorney can craft a strategic and effective defense tailored to the unique circumstances of your case. You never want to face a potential felony conviction with the wrong lawyer for your needs.
Get An Oklahoma Criminal Lawyer in Your Corner
Understanding the differences between burglary and trespassing is crucial for individuals to navigate the legal landscape in Oklahoma. While trespassing is generally a less serious offense, burglary can lead to significant legal consequences. It is essential for you to be aware of the laws and act responsibly to avoid unintentionally violating these statutes and facing legal repercussions. If you’re needing representation on a burglary or trespassing case, our experienced criminal defense attorneys at Tulsa Criminal Lawyers Law Firm are here to defend you. Call 918-416-0358 or contact us online for more information and to schedule a consultation.