Breaking and Entering Law Oklahoma
Burglaries in various degrees are considered as felonies and yet there is a misdemeanor called “breaking and entering”, which is similar in nature. Several people are under the impression though that burglary and breaking and entering are exactly the same offense. However, according to the Oklahoma breaking and entering law, both these offenses are distinct from one another. At the same time, breaking and entering into someone else’s premise is usually a component of burglary.
Differences between burglary and breaking and entering
The major differentiator between burglary and breaking and entering is the intention the offender has behind illegally entering into the property of someone else.
According to entering and breaking laws of the state, to convict an individual of burglary, it is the responsibility of the prosecution to establish:
- The defendant entered a property illegally with the motive of committing a crime, and
- The defendant entered into a property of someone else without his/her permission.
However, if the accused has to be convicted for breaking and entering, it is the responsibility of the prosecution to establish that the accused entered into the property of someone else without the permission of the owner.
According to the state breaking and entering laws, the offense is a misdemeanor, which is not a burglary when the accused enters a building or a booth, part of a building, warehouse, tent, vessel, car, railroad, or other erection or structure with the motive of malicious mischief, larceny, or any felony.
Breaking and entering someone else’s property without permission
The state law considers it a misdemeanor when a person not having the intention of committing any offense intentionally and willfully break and enter into a vessel, trailer, building, or any other premises, which is being utilized as a dwelling while the occupant or the owner has not given them the permission to do so except when permitted by the law.
Oklahoma first degree burglary
In Oklahoma, the first-degree burglary is treated as the most severe form of burglary. The offense has been described as breaking and entering into someone else’s dwelling house, which has an occupant or occupants and the offender has the intention of committing some kind of a crime. Although some people usually feel that burglary is breaking and entering into another person’s property with a motive of committing theft, the state law clearly mentions that the first-degree burglary refers to entering a home with an occupant and with the motive of committing a crime.
According to the Oklahoma breaking and entering laws, the first-degree burglary committed does not mandatorily need force. The offender can accomplish in the following means:
- Being equipped with a deadly weapon/ being aided or assisted by at least one confederate while breaking into a property, or
- Using false keys or opening a window or lifting a latch, or picking the lock is considered to be guilty of committing the first-degree burglary in the state of Oklahoma, or
- By forcibly breaking or bursting the wall, a window shutter, window, or door of the house or the bolts or lock of a door or by fastening of a shutter or a window.
In Oklahoma, the first-degree burglary includes invading a home. As such, it is regarded as a violent felony. The convicted can be penalized with a prison term between 7 and 20 years.
Punishment for breaking and entering in Oklahoma
The state of Oklahoma considers the offense of breaking and entering into someone else’s property as a misdemeanor. If a person is found guilty of committing such an offense in the state, he/she will be penalized with a maximum fine of 500 USD and/or a maximum prison term of 12 months.
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