In Oklahoma, burglary is a serious property crime with distinct degrees and specific elements. It involves more than mere trespass or theft—it requires unlawfully entering or breaking into a structure (or vehicle) with the intent to commit a crime. Below is a breakdown of how Oklahoma defines burglary, what must be proven, and how it differs from related offenses.

Statutory Degrees of Burglary in Oklahoma

Oklahoma law separates burglary into three degrees:

First-Degree Burglary

Burglary in the first degree occurs when a person “breaks into and enters the dwelling house of another, in which there is at the time some human being,” with intent to commit a crime inside. This includes entry by force, lockpicking, or use of false keys, among other means. 

First-degree burglary is considered a violent felony in Oklahoma and carries a prison sentence of 7 to 20 years, with an 85% rule often applying.

Second- and Third-Degree Burglary

The statute 21 O.S. § 1435 covers lesser degrees of burglary:

• Second-degree burglary occurs when someone breaks into a structure (such as a commercial building, part of a building, or any enclosed space used to store property) with intent to steal or commit another felony. This usually applies when the structure is unoccupied. 
• Third-degree burglary applies when a person breaks into vehicles, trailers, vessels, or other similar structures in which property is kept, with the intent to commit theft or a felony. 

The maximum penalties for second-degree burglary are up to 7 years imprisonment; for third-degree burglary, up to 5 years.

Key Legal Elements of Burglary

To convict for burglary in Oklahoma, the prosecution generally must establish several elements beyond a reasonable doubt:

1. Breaking — Some physical or constructive act to gain entry, however slight (e.g. prying a window, picking a lock). 
2. Entering — Having some part of the body (or tool) cross into the interior space of the structure or vehicle. 
3. Unlawful/Unauthorized — The entry must be without permission or legal right.
4. Intent to Commit a Crime Inside — At the time of breaking and entering, the defendant must have intended to commit theft, a felony, or another offense inside the premises. 

Note: Even if the intended crime is not completed, burglary can still apply if intent was formed before or during entry. 

Defenses to Burglary

Some common defenses that may be available:

• Lack of Intent: Showing that the defendant did not intend to commit a crime inside at the time of entry.
• Mistaken Permission / Consent: Arguing that entry was authorized or assumed.
• Insufficient Breaking or Entry: No actual force or crossing of threshold.
• Entrant Without Criminal Purpose: Entering just to sleep or take refuge, not to commit a crime, if intent is not proven.

Your attorney can look at the specific details of your case and help determine your best defenses.

Creek County Criminal Defense Attorneys

Because burglary is a specific-intent crime, proving intent at the time of entry is crucial. The degree of burglary changes the consequences significantly. For clients charged with burglary, a defense attorney will carefully challenge whether all elements were met. Our team at Creek County Attorneys is here to advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.