In 1983, Oklahoma courts held in the Sanchez v. State appeal that “breaking” can be applied to small breaking “no matter how slight” to remove an obstruction in order to enter a place. This was illustrated in Sanchez when he rang a doorbell and when the resident of the home tried to shut the door he pushed it open. Thus, even pushing an ajar door open can be “breaking” according to Oklahoma case law. This article will explain more about the breaking and entering laws and how they apply.
Breaking and Entering in Oklahoma—What is it?
Statutorily, breaking and entering is under Title 21 § 1438. It basically says you must enter into a place without the owner’s permission. However, you must intend to enter without permission. It cannot be an accident. Further, the “place” doesn’t have to be only a house or apartment. It can be a booth, tent, or even fenced property.
Breaking can be either physical or constructive. This may sound strange. Physical is the obvious act of pushing through a blockade, slashing a screen, or picking locks. Constructive can be entry gained through blackmail of someone with access, fraud or misrepresentation of your identity and intentions, and even using verbal threats.
Related Oklahoma Crimes: Burglary charges in Tulsa.
Breaking and Entering Criminal Charges—Legal Repercussions:
Legally, breaking and entering is a misdemeanor offense in Oklahoma. So, if you receive a conviction you face up to 1 year imprisonment and a possible fine reaching $500. Nobody wants to spend time in jail or pay a large fine. While you may be breaking and entering without your knowledge, you could still face these penalties.
Breaking and Entering Attorneys Help:
If you face breaking and entering charges give our offices a call. Our Tulsa criminal attorneys have the skill and experience to help you navigate the legal system. We can make a plan to give you the best possible outcome and a favorable result. Contact solid legal help at 918.743.2233 for free information.
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Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.