Oklahoma Burglary Defense Attorney

People have a need to feel safe, whether that safety protects their home or office or their own bodies. Public policy demands that this safety issue remains a high priority, as the ability to function in society depends on people’s ability to assume that they’ll be able to manage their routines without any undue risk or danger.

The Oklahoma legislature and state courts have heard the message from the public regarding this issue, which is why the statutes that govern the charges of burglary/robbery are quite severe in terms of their punishments. Simply put, a defendant who is convicted of burglary/robbery could face a long prison sentence and other remedies.

If you or someone you love is facing charges of burglary/robbery, you need to act immediately to protect your rights. Contact the criminal defense lawyers at the Oklahoma law firm of Atkins & Markoff today to schedule an initial consultation and to get this process started. In the meantime, below is a brief overview of the burglary/robbery issue in Oklahoma based on the statutes that govern these situations.

Burglary Charges in Oklahoma

The Oklahoma statutes define burglary in the first degree as:
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.

The most important factor in this statute is the fact that a person must be present in the dwelling/building in question in order for a charge of burglary to attach. If a person is not present, burglary in the second degree could apply.

Punishment for Burglary Crimes in Oklahoma

If a person is convicted of burglary in Oklahoma, he or she faces the following penalties:
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.

As you see, a conviction of this charge could result in a prison term that lasts anywhere between two and 20 years.

Robbery Charges in Oklahoma

Robbery is a different charge in Oklahoma, and the basic difference between the two is that the victim of the crime is present in a robbery, as seen by the statutory language below:

Robbery is a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

It must also be noted that in order to constitute a robbery, the elements of fear and force must be present:

To constitute robbery, the force or fear must be employed either to obtain or retain possession of the property, or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery.

If the alleged robber actually inflicts bodily harm or places the victim in a reasonable state of fear of such injury’s imminence, the crime will be considered first-degree robbery. If not, the defendant will likely be charged with second-degree robbery.

Punishment for Robbery Crimes in Oklahoma

The statutes define the punishment for robbery as follows:
First Degree Robbery – Not less than 10 years in prison
Second Degree Robbery – Not more than 10 years in prison

OK Criminal Defense of Burglary and Robbery Charges

As you see, burglary/robbery charges in Oklahoma are serious legal matters. If you or someone you love is facing such a situation, you need to take immediate action to build a strong defense. The criminal defense lawyers at the Oklahoma law firm of Atkins & Markoff have years of collective experience in fighting for the rights of those accused of burglary/robbery, so contact the firm today to schedule an initial consultation and make sure that your rights are protected and enforced.