Is Possession of Burglary Tools Illegal in Oklahoma?

possession of burglary toolsPossession of burglary tools in Tulsa, Oklahoma is defined as having tools within one’s possession such as a picklock, crow, key, bit, jack, jimmy, nippers, pick, betty, or other implement of burglary.

There must also be intent to break into and enter a building, booth, tent, railroad car, vessel, or the like with the intent to commit any felony.

The circumstances must be such that the crime itself must not be a felony. Okla. Stat. tit. 21 § 1437

Possession of Burglary Tools and Penalties

Possession of burglary tools is a misdemeanor offense and by up to a year in jail.

In order to be convicted of this crime, the prosecution must prove that you were not only in possession of these tools, but in possession with the intent to commit a felony. This can be hard to prove in some instances, but the prosecution may be able to use facts surrounding the circumstances to show intent.

For example, if you are caught with a set of lock picks near a warehouse door at 1 am, trying to figure out which one to use on that door, that infers intent to steal something from inside of the warehouse.

Burglary Convictions

If you have been previously convicted of burglary and are caught with any combination of three or more of the following implements: sledge hammer, pry bar, punches, chisel, or bolt cutters with the intent to be use them in the commission of a crime, you could be convicted of a felony. Okla. Stat. tit. 21 § 1442

Burglary is defined under Oklahoma law 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; or
  • 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

A previous burglary conviction means mandatory jail time if you are caught with burglary tools again.

Other Possible Charges

Carrying burglary tools gives rise to the inference that you will use them in some illegal manner. If you are caught with these tools on someone else’s property, depending on the circumstances, you may be charged with attempted burglary or trespass.

If you were are a window or door in the middle of the night with these tools, it is more likely that you would be charged with attempted burglary.

If you are standing by a fence with your tools, you will likely be charged with trespass.

In Oklahoma, burglary can be of the first or second degree.

If you use burglary tools to break into someone’s house, you may be charged with first-degree burglary in the first degree. This is a felony crime punishable by 7 to 20 years in prison.

Felony second-degree burglary is punishable by two to seven years of incarceration. Okla. Stat. tit. 21 § 1436

In Oklahoma, trespass is defined as knowingly entering the property of another without permission.

Penalties for trespassing vary depending upon the type of land involved. A fine from $500 to $1,500 as well as restitution are usually assessed.

Second or subsequent trespass convictions are subject to harsher penalties. The court could sentence you to spend 30 to 180 days in jail, or pay a fine between $1,500 and $2,500, or both. Okla. Stat. tit. 21 § 1835

Free Consultation with a Tulsa Criminal Defense Attorney

Any burglary-related charge can have serious implications with regard to your freedom. And small facts matter in these cases.

If you are being charged, you want to make sure that you hire an experienced Tulsa criminal defense attorney whom you can trust. 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.

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