What’s the Difference Between First and Third Degree Burglary in Oklahoma?

If you find yourself facing burglary charges in Oklahoma, understanding the specific nature of the charges against you is crucial. The distinctions between first degree and third degree burglary greatly affect the potential consequences and strategies for your defense. Here are some differences between these two degrees of burglary.

Understanding First Degree Burglary

Under Oklahoma Statutes §1431, you commit first degree if you unlawfully enter someone’s home with the intent to commit a crime inside while someone is present. The law specifies several ways this can occur, including breaking through a door, window, or other barriers by force, being armed with a dangerous weapon, or using tools like false keys or lock picks.

This type of burglary is considered more severe because it directly threatens the safety of occupants. Under Oklahoma law, you face 7-20 years in prison if you are convicted of first degree burglary.

Distinguishing Third Degree Burglary

Third degree burglary, under Oklahoma Statutes 21-1435, involves entering a vehicle, trailer, or vessel with the intent to steal or commit any felony. This form of burglary might not involve a dwelling or a direct threat to personal safety, but it targets property, such as stealing parts from a parked car or breaking into a boat.

The law also specifies that using tools to lift or break into a vehicle qualifies as third degree burglary. If convicted of third degree burglary, you face up to five years in prison, a fine of up to $5,000, or both.

Key Differences in Charges and Penalties

The main difference between the two burglary types lies in the location of the crime and the presence of potential victims during the act. First degree burglary always involves a home and typically occurs when people are likely to be inside, hence posing a greater risk and incurring harsher penalties. Third degree burglary, however, often targets property without direct confrontation or threat to personal safety, resulting in slightly lesser penalties.

Strategic Defense Considerations

If you’re charged with first degree burglary, your defense strategy might focus on proving that no one was home at the time of the alleged crime, or that there was no intent to commit a further crime beyond entering the property. For third degree burglary, you might argue that there was no intent to steal or commit a felony, or that you did not actually enter the structure or vehicle.

Understanding these issues is vital in forming a defense that might significantly influence the outcome of your case. Consider consulting with a lawyer who can provide tailored advice based on the specific facts of your situation.

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Tulsa Criminal Lawyers You Can Count On

Whether you are facing charges of first or third degree, the stakes are high, and the impact on your future can be significant. Understanding the specific charges and the legal definitions can help you and your defense team make informed decisions about how to proceed in your case. Remember, every detail counts in legal battles, and knowing the law is your first line of defense. Kania Law Office has extensive experience handling burglary cases in Oklahoma. Call us at (918) 743-2233 or contact us online for advice tailored to your situation.