Breaking and Entering Without Permission - Tulsa Trial Attorneys

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First and foremost, call us right away at 918-884-7791.   Whenever you get arrested on such a serious charge, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.

  1. Don’t talk and don’t give a statement.

  2. Don’t talk to people in Jail, or to family over the phone about your case.

  3. Every minute you go without an experienced attorney puts you at risk.

  4. Don’t hire just any attorney. make sure they are a successful Trial Attorney.eneral Definition of Robber

Burglary in First Degree

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

  • 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

  • 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

  • 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. 21 O.S. 1431

Burglary in Second Degree

Every person who breaks and enters the home of another, in which there is at the time no human present, or any commercial building or any part of any building, room, booth, tent, railroad car 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 is guilty of burglary in the second degree.

Every person who breaks and enters any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to steal any property therein or to commit any felony, is guilty of burglary in the third degree. 21 O.S. 1435

Penalty for Burglary

Burglary is a felony punishable by imprisonment in the custody of the Department of Corrections as follows:

  • Burglary in the first degree: minimum seven (7) years, maximum twenty (20) years. This is considered a violent crime and if convicted of this violent crime the defendant will serve 85% of their incarceration time before accruing any credits or being eligible for parole.

  • Burglary in the second degree: maximum seven (7) years

  • Burglary in the third degree: maximum five (5) years. 21 O.S. 1436

Breaking and Entering Without Permission

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. 21 O.S. 1438(B)

Breaking and Entering Without Permission - Elements

No person may be convicted of breaking and entering without permission unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) willfully; 

(2) intentionally; 

(3) breaking; 

(4) entering; 

(5) a building / trailer/vessel / (premises used as a dwelling);

(6) without the permission of its owner / occupant;

(7) without the intent to commit any crime in the building / trailer / vessel / (premises used as a dwelling).

OUJI-CR 5-17

Other Burglary Charges

Breaking and Entering Without Permission Litigation Expertise

You need an attorney who not only knows the law, but also knows how to cross-examine alleged victims and witnesses that have a motive to lie.  Let Boeheim Freeman Law’s expertise in cross examination and forensics make the difference in your case.

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