In Oklahoma, breaking and entering is defined as entering a building or part of a building, booth, tent, vessel, or any other structure with the intent to commit a felony, larceny, or other mischief, but not with the intent to commit a burglary. Burglary is a separate and more serious crime.
Likewise, breaking and entering in Oklahoma can also be defined as the entering of a building, trailer, vessel, or the like without permission, except where allowed by law, and without the intention to commit a crime inside. Okla. Stat. tit. 21 § 1438
Penalties for Breaking and Entering in Oklahoma
Breaking and entering is a misdemeanor crime in the state of Oklahoma. Thus, it is punishable under the general misdemeanor statute—which prescribes a sentence of up to a year in jail, a fine of up to $500, or both as punishment. Okla. Stat. tit. 21 § 64
Breaking and entering can be as simple as entering without permission with the intent to steal something or vandalize the property.
Because it does not involve exposing another person on the property to danger, it is not as serious a crime as burglary.
However, breaking and entering is a component of a number of other crimes in Tulsa.
Burglary Compared
Breaking and entering is a lesser offense often included in the crime of burglary.
Burglary in Oklahoma is defined as:
- breaking and entering the dwelling of another at a time when a person is inside;
- with the intent to commit a crime inside the dwelling by either
- forcibly breaking a wall, door, window, or lock;
- or by breaking in in any other manner while armed with a dangerous weapon;
- or with the help of others;
- or by picking a lock;
- or using a false key;
- or by lifting a latch;
- or opening a window.
Okla. Stat. tit. 21 § 1431
Burglary, whether of the first or second degree, is a felony in Oklahoma.Burglary is a crime of intent. The breaking and entering, whether done by picking a lock, breaking a window, or by any other means, is done with the intent to either steal something inside or to commit another felony.
Intent crimes can be difficult to prove. If charged, defenses are available to you.
Felony burglary carries significant jail time as a punishment. If charged, you want to make sure that you hire an experienced Tulsa criminal defense to represent you.
Burglary of a Vehicle Compared
In Oklahoma, burglary of a vehicle is often charged as burglary in the second degree. In Oklahoma, burglary of the second degree is defined as breaking and entering into any building, room, booth, tent, vehicle, vessel, or the like with the intent to steal property inside or to commit any felony. Okla. Stat. tit. 21 § 1435
Burglary in the second degree is punishable by a prison term of between two and seven years. Okla. Stat. tit. 21 § 1436
This is a crime of intent. The prosecution will have to prove that you broke into the vehicle and entered it with the intent to steal something inside or commit another felony.
Thus, you get caught with the vehicle owner’s cell phone that was left inside, the prosecution may well be able to prove intent.
But if there is nothing inside the vehicle and you just wanted to get into the car to get out of the cold, there is probably no provable intent. In this instance, the district attorney may charge you with only breaking and entering or unlawful trespass.
Strategy Session: Tulsa Criminal Defense Attorney
If you are being charged with a crime in Oklahoma, it is important that you hire an experienced Tulsa criminal defense attorney. Criminal convictions can carry serious consequences.
Only a local attorney will know the court system and judges in the area. Do not delay. Our initial consultation is free.
Call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.
We pride ourselves on providing our clients with excellent representation at reasonable prices.
