Burglary occurs when a person breaks into a home or other property with the intent to commit a crime. Oklahoma law distinguishes first- and second-degree burglary, as well as the crime of breaking and entering.

  • First-degree burglary occurs when a person breaks into a residence with the intent to commit a crime while another person is inside.
  • Second-degree burglary involves breaking and entering into a room, building, vehicle, vending machine or other structure with the intent to steal or commit another crime.

Penalties for Burglary

  • Because it involves home invasion while another person is present in the home, burglary in the first degree is considered a violent felony. If convicted, you could face a prison sentence of up to 20 years. Additionally, you will have to serve 85% of your sentence before becoming eligible for parole.
  • Though a lesser offense than first-degree, second-degree burglary is still considered a felony. If found guilty, you could face up to seven years in prison.

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