Possession of Certain Tools a Felony After Conviction of Burglary - Tulsa Trial Attorneys
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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
Possession of Certain Tools a Felony After Conviction of Burglary
Any person who has been previously convicted of the crime of burglary who has in his possession, custody or concealed about his person, or transports or causes to be transported, any combination of three (3) or more of the following tools: Sledge hammer, pry bar, punches, chisel, bolt cutters, with the intent to use or employ, or allow the same to be used or employed, in the commission of a crime, or knowing that the tools are to be used in the commission of a crime, shall be guilty of a felony.
Other Burglary Charges
Possession of Certain Tools a Felony after Conviction of Burglary
Possession of Certain Tools a Felony After Conviction of Burglary Litigation Expertise
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