Understanding Breaking And Entering Charges
Under Oklahoma law, it is a crime punishable by up to one year in prison to intentionally break and enter into another person’s dwelling — whether that be a house, apartment, trailer or other home — even where you did not intend to take any property from the owner. Furthermore, if police and/or prosecutors believe you did intend to remove property, you could be facing even more serious felony burglary charges with a potential 20 years in prison.
If you have been arrested or are under investigation for breaking and entering and/or any other property crimes in Oklahoma, it is critical that you speak with an experienced Oklahoma criminal defense attorney who can protect your constitutional rights and advise you on your best defense to protect your freedom. Oklahoma City criminal defense attorney J. Patrick Quillian is a former prosecutor with the skills and experience to defend you in all property crime charges.
How Breaking And Entering Differs From Robbery In Oklahoma
Oklahoma state law provides several different classifications for crimes directed at another person’s dwelling:
- Breaking and entering: It is a misdemeanor to enter any structure with the intent to commit a theft crime, and it is also a crime to enter any dwelling without permission even if there is no intent to take property.
- Burglary in the first degree: Forcibly entering another person’s property with the intent to take property by means of picking a lock, breaking a door or window, or with a weapon is burglary in the first degree, punishable by up to 20 years in prison.
- Burglary in the second degree: Entering another person’s property with the intent to take property that does not qualify for first-degree burglary is considered burglary in the second degree and is punishable by up to 7 years in prison.
Because a simple breaking and entering can quickly escalate to charge for burglary in the first degree, it is important to work with an experienced criminal defense attorney who can work toward your best outcome possible.
Conspiracy And Accomplice Liability
Even if you did not play what you consider an active role in committing the breaking and entering, you can still be successfully prosecuted for breaking and entering under Oklahoma’s rules on conspiracy and accomplice liability. Simply entering into an agreement with another person to commit a breaking and entering and committing an act in furtherance of that goal (e.g. going by a person’s house to see if they are home) can result in a conspiracy charge.
Furthermore, you can be charged with breaking and entering if you merely assisted and/or encouraged another person to commit a breaking and entering. This makes it all the more important to consult with an experienced criminal defense lawyer who can advise you on your rights and options even if you believe you are innocent.
Get Help Today In Your Breaking And Entering Prosecution
Oklahoma City criminal defense attorney Patrick Quillian is a former Oklahoma district attorney who relies on his years of experience in prosecuting cases to provide the best possible defense for all defendants being investigated or charged with breaking and entering. Contact the office of J. Patrick Quillian, P.C., today at our office to schedule a free consultation to see what his criminal defense team can do for you.