Second-degree burglary is a serious criminal offense in Oklahoma. This offense is less serious and distinct from first-degree burglary. The primary difference between the two is that first degree involves entering dwelling place and usually includes additional aggravating factors. Understanding the specific elements, legal definitions, and potential penalties for second-degree burglary is important if you are facing this kind of charge in Oklahoma County.

Basics of Second Degree Burglary

Under Oklahoma Statutes, second-degree burglary occurs when a person breaks and enters any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure where property is kept. They must have entered the property intending to commit any felony.

For the OKC Prosecutor to convict you for second-degree burglary, they must prove beyond a reasonable doubt the following elements of the crime:

1. Breaking and Entering: The defendant must have broken into and entered the structure. This can involve methods such as breaking a window, forcing a door, or opening an unlocked door or window.
2. Structure: The structure can be any building or similar enclosed space, including non-residential buildings, trailers, vessels, etc.
3. Intent: The defendant must have had the intent to commit theft or another felony once inside the structure. You do not need to complete the crime for it to count as burglary.

If they cannot prove these elements beyond reasonable doubt, the court will not uphold the conviction.

Penalties for Second-Degree Burglary

Second-degree burglary is classified as a felony in Oklahoma, and the penalties can be severe:

• Imprisonment: Conviction can result in a prison sentence ranging from 2 to 7 years.
• Fines: The court may impose substantial fines in addition to or instead of imprisonment.
• Restitution: The defendant may be have to pay restitution to the victims for any damages or losses incurred due to the burglary.

Additionally, aggravating factors can lead to enhanced penalties or additional charges, such as the use of a weapon, prior convictions, and the value of the stolen property.

What To Expect in The Process

When you’re dealing with second degree burglary charges, there are certain legal steps you will go through:

1. Arrest and Charging: The process begins with the arrest of the accused. Once arrested you get arraigned on the charges and get a copy setting out the formal charging.
2. Preliminary Hearing: A preliminary hearing is held. At this hearing the state calls witnesses and must meet its burden of probable cause that you committed the crime. If they meet the burden the case is set for trial.
3. Discovery and Pretrial Motions: Both sides gather evidence and file pretrial motions, which may include motions to suppress evidence or dismiss charges.
4. Trial: If the case goes to trial, the prosecution must prove all elements of the offense beyond a reasonable doubt. This burden of proof is much greater than at the preliminary hearing. The defense will present its case, including any applicable defenses.

If convicted, the court will impose a sentence based on the severity of the offense, the defendant’s criminal history, and other relevant factors.

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Oklahoma City Burglary Defense Attorneys

Second-degree burglary in Oklahoma County is a felony offense involving the unlawful entry into a structure with the intent to commit theft or another felony. The crime carries severe penalties, including potential imprisonment, fines, and restitution. Understanding the specific elements of the crime, potential defenses, and the legal process is crucial for anyone facing such charges. Get a free consultation with our Oklahoma City criminal defense attorneys. We will explain all the elements of the crime to you and prepare an effective defense. If you’re facing charges, the team at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.