Oklahoma laws make it a crime to carry certain listed burglary tools, but you are most likely to face criminal charges if you’ve had a criminal conviction before and are found with tools on the state’s list of burglary tools. In the state of Oklahoma, the possession of burglary tools can be considered a serious crime, depending on the circumstances. Oklahoma has specific laws that address the possession of burglary tools and their use in the commission of a crime. If you are charged with Possession Of Burglary Tools you could be facing a jail sentence or fines and costs that are pretty heavy. At minimum, if the case cant be beet, you will be faced with a criminal record that will follow you and could
The Criminal law statutes in Oklahoma defines possession of burglary tools to be:
- Having tools such as
- Or another burglary tool
- With the intent to break and enter a building or structure
- To commit a felony inside
The law makes the possession of items on the list, combined with an intent to break and enter to commit a felony inside a misdemeanor crime. In a criminal charge in Oklahoma, the State typically needs to prove each element of the crime beyond a reasonable doubt in order to secure a conviction. The burden of proof rests on the prosecution, and they must present evidence and arguments to convince the judge or jury that the defendant is guilty of each element of the crime. This means that if a jury hears the case and renders its decision the verdict of the jury must unanimous. If even one juror votes not the case must be dismissed as a mistrial.
Charges With Previous Convictions
If you’ve previously been convicted of burglary and are found in possession of three or more burglary tools with the intent to commit a crime, you can face felony charges of possessing burglary tools. Implements that will add up to charges in this case include:
- Bolt cutters
Any felony conviction in Oklahoma leads to mandatory time in jail. The previous conviction that couples with the tools to add up to felony charges can be any burglary-related conviction, including:
- Breaking and entering
- First-degree burglary
- Second-degree burglary
- Illegal entry
Intent As An Element Of The Crime Of Carrying Burglary Tools
In addition to a prior record for burglary crimes and possessing three or more of the listed tools, the prosecution will need to prove, beyond a reasonable doubt, your intent to use the tools in committing a crime. Intent is typically challenging for prosecutors to prove, as it comes down to a state of mind rather than specific facts and evidence that can be introduced into the case for all to see.
Prosecutors usually show intent using circumstantial evidence—where you were found with the tools, what you were doing when you were caught with them, and the time of day or other facts that could indicate an intention to commit a crime. They may also try to ask you questions when they arrest you and use the answers to impeach you. They may also ask you to submit to a lie detector as another means of pressuring you. The prosecutor must show an intent to commit a felony crime when you gained access to a structure. Any felony can serve as the factor to meet that element of the crime, including arson, theft, rape or sexual assault, or murder.
Punishments Upon Conviction
A conviction on felony charges of carrying burglary tools can lead to a sentence of up to two years in prison plus a fine of up to $10,000. If the evidence of intent is less clear than the prosecutor hoped, or if you do not have previous burglary convictions but the circumstantial evidence in your case is strong, you may face misdemeanor burglary tool charges. Typically, prosecutors charge possession of burglary tools along with other crimes, such as trespass or burglary in the first or second degree. A conviction on first-degree burglary charges can result in a sentence of seven to 20 years in prison, while second-degree burglary may bring a prison term of two to seven years.
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The charge of carrying burglary tools is serious, but it can be difficult for a prosecutor to prove all of the elements to get a conviction in many cases. If you face charges, immediately get legal guidance from a skilled Tulsa criminal defense attorney. Call Kania Law Office at 918-743-2233 or contact us online to schedule an initial consultation.
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