Burglary and Illegal Entry - Tulsa Trial Attorneys
Client Reviews From Burglary and Illegal Entry Trials
"MY FAMILY HAS HAD A LOT OF ATTORNEYS, BUT NONE HAVE EVER FOUGHT HARDER OR BEEN SUCH FIERCE ADVOCATES IN THE COURTROOM AS THESE TWO." D.A.
"THEY KNOW THE LAW, AND THEY AREN'T AFRAID OF HEARINGS OR TRIAL. THEY GOT ME A VERY GOOD OFFER, BUT I TURNED IT DOWN AND SAID I WANTED TO GO TO TRIAL. THEY DIDN'T ARGUE WITH ME LIKE MY LAST ATTORNEY. CIERA AND BRIAN SIMPLY EXPLAINED THE RISKS AND WHEN I TOLD THEM I WAS SURE ABOUT GOING TO TRIAL, THEY WENT AHEAD AND FOUGHT HARDER THAN ANY ATTORNEYS I HAVE EVER SEEN. THE END RESULT WAS A NOT GUILTY!" D.T.
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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.
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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
Burglary and Illegal Entry - Elements
No person may be convicted of illegal entry unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(2), a/an building / booth / tent / warehouse / (railroa d car) / vessel / structure / erection;
(3) of another;
(4), with the intent to commit (any felony)/larceny / (malicious injury / defacing / destruction of real / personal property of another).
Other Burglary Charges
Burglary and Illegal Entry
Burglary and Illegal Entry 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.