What Is Second-Degree Burglary in Tulsa?

Burglary charges in Oklahoma are serious offenses that carry the possibility of jail time, fines, and long-term consequences. Many people are surprised to learn that burglary does not require breaking into a home at night or stealing property. Oklahoma law classifies burglary into degrees, and second-degree burglary is among the most common offenses. Understanding what qualifies as second-degree burglary can help you better protect your rights and prepare a strong defense.

How Oklahoma Law Defines Second-Degree Burglary

Under 21 O.S. § 1435, second-degree burglary occurs when someone breaks and enters a building or structure with the intent to steal property or commit any felony inside. Unlike first-degree burglary, second-degree burglary does notrequire anyone to be present or for the accused to use force against a person.

This charge typically applies to break-ins involving:

• Businesses or offices
• Storage units or sheds
• Detached garages or barns
• Vending machines, vehicles, coin machines, or similar structures

The key elements prosecutors must prove are:

1. Breaking and entering—even slight opening of a door or window can qualify.
2. Intent to commit a crime inside—the intent matters even if nothing was actually stolen.

Someone can face charges even if the entry was brief or the property taken was minimal. Intent can be inferred from circumstances, which is one reason these cases require careful defense.

Penalties for Second-Degree Burglary

Second-degree burglary is considered a felony in Oklahoma. The potential penalties include:

• 2 to 7 years in prison, and
• Possible fines, restitution, and probation depending on the facts of the case

Judges may also impose conditions such as counseling, community service, or supervision. Repeat offenders often face harsher sentencing. Because this is a property felony, it can also affect employment, housing, and firearm rights long after the case ends.

Defending Against a Second-Degree Burglary Charge

A strong defense depends on the specific facts of your case. Common legal defenses include:

• No intent to commit a crime inside
• Mistaken identity or insufficient evidence
• Permission or lawful entry
• Illegal search or seizure by police

Because burglary cases often rely on circumstantial evidence, surveillance footage, or witness statements, challenging the accuracy and interpretation of that evidence is critical. An experienced attorney will scrutinize each element the prosecution must prove and build the strongest possible defense.

Talk to a Tulsa Criminal Defense Attorney

A second-degree burglary charge is serious, but you do not have to navigate the legal system alone. With the right legal strategy, it is often possible to negotiate reduced charges, avoid prison, or even have the case dismissed depending on the circumstances. 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.