Home Invasion – Oklahoma Law
Home invasion is a generic term that really means trespassing, breaking-and-entering or burglary, depending on the circumstances. Legally if you break-and-enter into a home and do not commit a crime, but the Court finds that you intended to commit a crime and were interrupted, you are still guilty of a misdemeanor. Should you break into a home without the intent to steal or vandalize or commit any crime at all, and you do not have permission of the home owner, you are guilty of malicious mischief (breaking and entering without permission).
Oklahoma State District Attorneys take these type of crimes very seriously and most will want jail time. Moreover, the State of Oklahoma tends to overcharge and overreach these home invasion, burglary and trespassing charges. Thus, it is important to contact the Oklahoma Criminal Defense Lawyers at the Hunsucker Legal Group to set up your free consultation.
Home Invasion and Burglary – Oklahoma Law
Burglary is a form of home invasion that can be divided into Burglary in the First Degree and Burglary in the Second Degree. First Degree Burglary is defined as breaking and entering into a house, in which there is another person, with the intent to commit a crime; it carries a prison sentence of 7 to 20 years. Second Degree Burglary is defined as breaking into any home, car, or structure, in which there is not another person, with the intent to commit a crime – usually steal property; it carries a prison sentence of 2 to 7 years.
Breaking and entering is defined as:
- forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of the house or the lock or bolts of a door, or the fastening of such window or shutter; or
- breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more perpetrators; or
- unlocking an outer door by means of false keys or by picking the lock, or by lifting a latch or opening a window
Tools of Home Invasion – Oklahoma Law
Whether you can be charged with a crime and the severity of crime with which you can be charged often revolves around the element of intent. Simply owning and carrying tools for breaking into a home is not criminal However, if the police believe that you intended to use those tools to break into a home, they can charge you with a misdemeanor. Tools that fall into this category include:
- any dangerous offensive weapon or instrument
- betty, or
- other implement of burglary.
Home Invasion and Criminal Defense in Oklahoma
Home is a common generic term that can fall under may legal definitions.. If you or anybody that you know has been charged with a home invasion related crime, it is very important that certain immediate steps are taken. It is very vital that you seek experienced counsel to help you through these tough times. The skilled criminal defense attorneys at the Hunsucker Legal Group are here to help.
Oklahoma Statutes Title 21
Section 1438 – Penalty for Entering with Intent to Commit a Felony, Larceny, or Malicious Mischief-Breaking and Entering Without Permission
A. Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel, or other structure or erection with intent to commit any felony, larceny, or malicious mischief, is guilty of a misdemeanor.
B. 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
Section 1431 – Burglary in First Degree
Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:
1. 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
2. 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
3. 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.
Section 1435 – Burglary in Second Degree – Acts Constituting
Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel 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 therein or to commit any felony, is guilty of burglary in the second degree.
Section 1436 – Penalty for Burglary
Burglary is a felony punishable by imprisonment in the State Penitentiary as follows:
1. Burglary in the first degree for any term not less than seven (7) years nor more than twenty (20) years; and
2. Burglary in the second degree not exceeding seven (7) years and not less than two (2) years.
Section 1437 – Possession of Implements of Burglary
Every person who, under circumstances not amounting to a felony has in his possession any dangerous offensive weapon or instrument whatever, or any pick-lock, crow, key, bit, jack, jimmy, nippers, pick, betty or other implement of burglary, with intent to break and enter any building or part of any building, booth, tent, railroad car, vessel or other structure or erection and to commit any felony therein, is guilty of a misdemeanor.
Section 1442 – 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.