Creek County Burglary Charges are divided by degrees and are different depending on the degree. Some people simply see burglary as a singular crime. This isn’t true. Depending on the degree, whether it’s first or second, you could face a vastly different prison sentence. In fact, between the two levels of burglary is a difference of 13 years potential prison time. Thus, it’s important to understand the difference between Creek County burglary Charges and defend yourself based on that difference.
First or Second Degree Burglary
First Degree burglary and the explanation is under Title 21 §1431. Its important to understand that the government loves to over charge prople so that they can get more jail time. Its also done aq s a tool to get you to agree to lesser charge. But, with this understanding we know that the crime require them to prove each element of the crime. If they cant the charge is reduced or dismissed. In order to face charges on first degree burglary you must perpetrate a series of actions.
- You must break into a dwelling place;
- Where a person is present;
- You must use a weapon or have someone helping you; and/or
- Use false keys or pick locks.
Second Degree Burglary in Oklahoma
The statute for second degree burglary is under Title 21 §1435:
“[Anyone] who breaks and enters any [place], 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.”
Therefore, you can see some differences in the degree of the offense. The most important elements is if a person is present in the place you break into and if you use any type of weapon or help from another person. From a practical point the its the seriousness of the crimes that impact how the governments going to come after you. This also impacts your attorneys ability to negotiate a favorable settlement or to completely beat the charge at pre-trial or a jury trial itself.
IF YOU FIND THIS ARTICLE USEFUL YOU MAY ALSO LIKE OUR POST ON LARCENY FROM A RETAILER.
First and Second Degree Burglary Consequences
Both first and second degree burglary convictions are felonies that come with potential jail sentences, restitution to any victims, and could affect future employment. However, the amount of jail time and restitution are very different for the two. First degree burglary can result in a jail sentence anywhere from 7 years to 20 years. On the other hand, a second degree burglary conviction may only result in a sentence from 2 years to 7 years. This is a 13 years swing in possible prison time.
Get Criminal Defense Help Today
We know that first and second degree burglary charges are problematic for anyone facing them. However, the fact that it could affect your future employment and cost you years of prison time is serious. We highly recommend you contact an criminal defense attorney. Our first consultation is free, so feel free to call.