A burglary defense lawyer is a criminal defense attorney who represents those accused of first or second degree burglary, possessing the implements of burglary, or breaking and entering. Burglary involves unlawfully entering a building or residence with the intent to commit a crime. The burglary defense attorneys at Phillips & Associates defend clients facing any type of burglary charge by leveraging years of experience fighting felony burglary charges.

In Oklahoma burglary is charged by degrees. A conviction of first degree burglary carries more stringent penalties than a second degree burglary conviction, but both carry strict minimum sentences that can leave a person convicted of burglary in prison for many years. Burglary is often perpetrated through disguise or in stealth, which means a witness may not be able to accurately identify a burglar, or there may be no witness to the break-in at all. Mistaken identity, misinterpreted evidence, or suppression of illegally obtained evidence may all be potential defense strategies. To combat a felony burglary charge, call a criminal defense lawyer who can evaluate your claim and explain your options for defense.

Burglary Charges We Defend

Phillips & Associates criminal defense attorneys defend individuals accused burglary charges including first degree burlglary, second degree burglary, possession of burglary implements, and breaking and entering.

First Degree Burglary

First degree burglary occurs when a person or persons break into an occupied home with the intent to commit a crime. According to 21 O.S. § 1431, the one or more of following conditions of such an act constitute burglary in the first degree:

• Gaining entrance by forcibly busting or breaking a wall, door, window, shutter, lock, or bolt
• Breaking in by any means and being armed with a weapon or assisted by another
• Using false keys or picking a lock to open an outer door, lifting a latch, or opening a window

First degree burglary is a Class B1 felony. First degree burglary is punishable by imprisonment in the custody of the Department of Corrections for a term of not less than seven (7) years and not more than twenty (20) years, and a fine as provided by statute.

A person cannot be charged with first degree burglary if no one is present in the building. If the building which a person unlawfully enters is unoccupied, the offense is charged as burglary in the second degree.

Second Degree Burglary

Unlawfully entering any unoccupied structure with the intent to commit theft or any felony is second degree burglary. These structures may include buildings, parts of buildings, rooms, booths, tents, motor vehicles, railroad cars, or any structure in which property is kept. Additionally, breaking open a vending machine or other coin-operated machine with the intent to steal is charged as second degree burglary.

Second degree burglary is a Class B3 felony. Second degree burglary is punishable by imprisonment in the custody of the Department of Corrections for a term as provided by statute and classification level, and a fine as provided by statute.

Possession of Implements of Burglary

Possessing the tools to commit a burglary with the intent to do so is a misdemeanor, unless circumstances make such possession a felony. Implements of burglary include "any pick-lock, crow, key, bit, jack, jimmy, nippers, pick, [or] betty." By law, the penalties for misdemeanor conviction, unless otherwise specified by statute, include a maximum of one year in county jail and a fine of up to $500.

Possession of implements of burglary is a felony offense. Possession of implements of burglary is punishable by imprisonment in the custody of the Department of Corrections for a term of not more than two (2) years, and a fine of not more than five hundred dollars ($500.00).

Breaking and Entering

When an act of breaking and entering is committed that falls short of burglary, it is charged as a misdemeanor. Breaking and entering includes unlawfully entering any home, building, structure, or vehicle without the permission of the owner and/or with the intent to commit a crime or malicious mischief.

Breaking and entering is a misdemeanor offense. Breaking and entering is punishable by imprisonment in the county jail for a term of not more than one (1) year, and a fine of not more than five hundred dollars ($500.00).

What is the Difference Between Burglary and Robbery?

The main difference between burglary and robbery is that burglary involves unlawfully entering a building with the intent to commit a crime, while robbery involves taking property from a person using force or fear. Burglary and robbery are both considered felonies under Oklahoma law.

Criminal Defense of Burglary and Breaking and Entering

The specific conditions of an attempt to break into any structure can quickly escalate a charge to first degree burglary. Prosecutors typically file charges for the most severe offense, and finding an attorney who can successfully negotiate a dismissal or reduced charges is critical to a favorable outcome. To schedule a free consultation with an experienced burglary lawyer, call the Oklahoma criminal defense lawyers of Phillips & Associates at (405) 418-8888.