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By Dustin Phillips on
September 24, 2013
September 3, 2022

In this article we explain the difference between burglary and breaking and entering. These two crimes are commonly confused, but there are significant differences.

What is Burglary in Oklahoma?

People think of burglary as breaking into a home or business and stealing what is inside. But there are multiple degrees of Burglary in the State of Oklahoma. Oklahoma law distinguishes between first degree burglary and second degree burglary.

What is First Degree Burglary in Oklahoma?

First degree burglary is breaking into an occupied building with the intent to commit a crime. Although burglary typically involves theft, the law does not specify which type of crime the perpetrator intends to commit. First degree burglary applies to unlawfully entering an occupied building with the intent to commit theft, rape, kidnapping, or any other criminal offense.

Each crime is explicitly defined in 21 O.S. § 1431 - Burglary in the First Degree:

Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:

  1. By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter; or
  2. By breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more confederates then actually present; or
  3. By unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window, is guilty of burglary in the first degree.

What Are the Punishments for First Degree Burglary in Oklahoma?

First degree burglary is a felony punishable by a minimum term of seven years in prison and a maximum of 20 years.

What is the Legal Defense for First Degree Burglary Charges in Oklahoma?

An experienced burglary defense lawyer will look at all the facts surrounding the charges. Police often make mistakes during the collecting of evidence. These mistakes can lead to charges being dropped or acquittal.

What is Second Degree Burglary in Oklahoma?

Second degree burglary involves breaking and entering any structure in which property is kept. This includes:

  • a building or part of a building
  • room
  • booth
  • tent
  • railroad car
  • automobile
  • truck
  • trailer
  • coin-operated machines
  • vending machines

Second Degree burglary is defined in 21 O.S. § 1435 - Burglary in Second Degree - Acts Constituting

Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection, in which any property is kept, or breaks into or forcibly opens, any coin operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree.

State law makes it a separate misdemeanor offense to possess the implements of breaking and entering (crowbar, lock-pick, jimmy, etc.) with the intent to use those tools for breaking and entering or burglary.

What Are the Punishments for Burglary in the Second Degree in Oklahoma?

Second degree burglary is punishable by a minimum of two years in prison and a maximum term of seven years.

What is the Legal Defense for Second Degree Burglary Charges in Oklahoma?

An experienced defense attorney will analyze all the facts surrounding the charges. This includes looking at all the evidence as well as police methods of obtaining evidence.

What is Breaking and Entering in Oklahoma?

While burglary is a felony, breaking and entering is a misdemeanor. The offense includes instances of breaking and entering with the intent to commit a crime if those actions fall short of the legal definition of burglary, and it includes any unlawful entering of a residence without the permission of the owner, whether or not entry was gained through force or destruction of locks, windows, doors, etc.

Breaking and entering is defined in 21 O.S. § 1438 - Penalty for Entering with Intent to Commit a Felony, Larceny, or Malicious Mischief-Breaking and Entering Without Permission.

Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel, or other structure or erection with intent to commit any felony, larceny, or malicious mischief, is guilty of a misdemeanor.B. Every person who, without the intention to commit any crime therein, shall willfully and intentionally break and enter into any building, trailer, vessel or other premises used as a dwelling without the permission of the owner or occupant thereof, except in the cases and manner allowed by law, shall be guilty of a misdemeanor.

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