What Is Second Degree Burglary?
Burglary refers to the crime in which a person attempts to steal from someone’s home or personal property. The media depicts burglars as criminals who wear all-black clothing with a stalking cap to match.
While thieves who steal during the night may wear something along these lines, modern robbers have evolved. Thieves intend to blend into their environment instead of standing out. This is why they are more successful at secondary degree burglary. However, what if there was just a misunderstanding?
If you are wrongly accused of burglary, call (918) 884-7774 to set up your free consultation with a Muskogee criminal defense attorney.
Degrees of Burglary
In Muskogee, Oklahoma there are multiple degrees of burglary. First degree burglary is the forceful entry into another person’s home, building, or personal property with the intent to steal their property. Okla. Stat. Tit 21 O.S. § 1431
Second degree burglary is the act of entering another person’s personal property, while no one is there, with the intent to steal. Third degree burglary is the entry into someone’s vehicle, trailer, or ship with the intent to steal. Okla. Stat. Tit 21 O.S. § 1435
First-degree burglary is punishable by at least 7 years in prison. Second degree burglary is punishable by no more than 7 years in prison. Third degree burglary is punishable by no more than five years in prison.
Elements of Second Degree Burglary
The elements of burglary change depending on the degree of the crime. Oklahoma must eliminate all reasonable doubt before convicting someone of burglary.
A person accused of burglary in the second degree must be guilty of these elements:
- Breaking, smashing, or exerting force upon a piece of property;
- Entering one’s property without proper consent;
- The property must be a home, building, room, booth, tent, railroad car, or a tent;
- The dwelling has to belong to someone else;
- That dwelling must contain stealable property;
- The accused must have the intent to steal or commit a crime.
It is important to remember second degree burglary happens when no one is at the scene of the crime. Burglary in the third degree is different as it is normally reserved for vehicles like automobiles, trailers, or vessels i.e boats.
Second degree burglary also applies to coin-operated vending machines. The elements are slightly altered to better accommodate the crime.
The first element is the act of breaking or altering the machine to gain access, the second element is the device it applies which is coin-operated machines, or vending machines. The third element states the burgled property belongs to someone else. Lastly, the fourth and final element is the culprit must have the intent to steal or commit any felony. OUJI-CR 5-14A
Free Consultation With A Muskogee Burglary Attorney
Burglary is a crime that can change your life forever, and not in a good way. People accused of burglary of any degree may spend many years in a federal penitentiary. If you or someone you know needs a criminal defense attorney in Muskogee, don’t hesitate to call us now.
Call us at (918) 884-7774 for a free burglary consultation with a Muskogee attorney. We can also answer your questions if you fill out our contact form found on this page.