What Is First-Degree Burglary in Tulsa?

Burglary charges in Oklahoma vary in severity, and first-degree burglary is the most serious. Unlike second-degree burglary, which focuses on unlawful entry with intent to commit a crime, first-degree burglary involves circumstances that put people in danger. Because it is treated as a violent offense, the penalties can be life-changing. Understanding the elements of the crime and how Oklahoma courts interpret them is crucial if you or someone you know is facing this charge.

How Oklahoma Law Defines First-Degree Burglary

Under 21 O.S. § 1431, first-degree burglary occurs when someone breaks into and enters a home or other dwelling in which a person is present, and in doing so:

• Uses or threatens to use force against someone inside, or
• Arms themselves with a dangerous weapon, or
• Causes injury to someone inside the dwelling.

The law focuses heavily on the safety of people inside the residence. Even a minor physical struggle, a threat, or possession of a weapon during the break-in can elevate the offense to first-degree burglary.

The key elements prosecutors attempt to prove include:

1. Breaking and entering—any physical opening of a door or window can qualify.
2. Entry into a dwelling—typically a home, apartment, or any place someone lives.
3. A person was present—the presence of an occupant increases the risk of harm.
4. Violence, threats, or weapons used during the entry.

Even if no property was stolen, the act itself may still satisfy the requirements for first-degree burglary.

Penalties for First-Degree Burglary in Tulsa

First-degree burglary is a violent felony with significantly harsher penalties than second-degree burglary. A conviction may result in:

• 7 to 20 years in prison, and
• Possible fines, restitution, probation, or supervised release depending on the circumstances

Because it is classified as a violent crime, it carries long-term consequences including limited parole eligibility, restrictions on firearm rights, and increased penalties for future offenses. It can also severely affect a person’s employment opportunities and reputation.

Defending Against a First-Degree Burglary Charge

The seriousness of first-degree burglary means a strong and strategic defense is essential. Common defense approaches include:

• Challenging the claim that someone was present in the dwelling
• Arguing the accused had permission or lawful right to enter
• Disputing allegations of force, threats, or weapons
• Exposing weaknesses in eyewitness testimony or surveillance evidence
• Challenging illegal searches or constitutional violations by law enforcement

Because intent and circumstances are central to this charge, even small factual details can significantly impact the outcome.

Speak With a Tulsa Criminal Defense Lawyer

Being charged with first-degree burglary is overwhelming, but the right legal guidance can help protect your rights and future. Many cases can be negotiated to reduce charges or penalties, and some can be dismissed entirely depending on the facts. The sooner someone facing a burglary accusation understands their rights and options, the better positioned they are to participate in their defense. To discuss your options, contact the Tulsa criminal defense lawyers at Kania Law Office by calling us at (918)–743-2233 or online.