Burglary is a serious charge in Muskogee, Oklahoma. If you are facing charges of burglary of a vehicle, you need to take time to understand what the state has against you. The penalties for vehicle burglary in Oklahoma are severe.
You must prepare to put forth a solid defense that will see you face lesser charges or get you an acquittal. You cannot easily win your case against an experienced Muskogee district attorney unless you are a seasoned lawyer yourself.
Talk to an experienced criminal defense attorney in Muskogee who will look at your case and outline your legal options and the best course of action for you.
What is Vehicle Burglary in Oklahoma?
Vehicle burglary is burglary 2 or second-degree burglary, and it is tried as a felony in Muskogee. Okla. Stat. tit. 21 § 1436
Oklahoma law defines burglary of a vehicle as breaking in and entering someone’s car that has property within to carry away some property or commit another felony. Okla. Stat. tit. 21 § 1435
Breaking and entering, as described in the statutes, is gaining entry into another person’s vehicle using unlawful means. It means if you have permission to be inside a vehicle and you steal or commit another felony, you may not face burglary charges.
Unlawful means that can be used to gain entry into a vehicle belonging to someone else include breaking a window, using a false key, lifting a latch, and picking a lock. If you gain entry into a vehicle through a partially open window or you let yourself into the vehicle through a door that was mistakenly left unlocked, you could still be found guilty of breaking and entering.
Elements Of The Crime
The state must prove the following six elements of the crime beyond a shadow of a doubt to obtain a conviction of vehicle burglary charges.
- Breaking and
- an automobile
- of another
- in which property is kept
- with the intent to steal or commit any felony.
A possible defense can be based on discounting any one of the elements that the prosecutor must prove. If you can cast reasonable doubt on any one aspect, the charges of burglary of a vehicle will be thrown out.
Penalties for Vehicle Burglary in Oklahoma
Vehicle burglary in Oklahoma is punished by up to seven years in prison. There is no option of a fine in lieu of incarceration.
Vehicle burglary is a serious crime that can land you behind bars for years. If such charges have been filed against you, talk to an experienced lawyer as soon as you can. You cannot afford to take your defense lightly.
Let a skilled Muskogee attorney hear you out and propose the best way to proceed with your case. Our lawyers have handled many cases related to yours.
Free Consultation: Muskogee Criminal Defense Attorney
Only experienced criminal lawyers in Muskogee can work to build a strong defense for you. What may look like insignificant issues to an inexperienced attorney may, in the end, determine your case.
Details matter when piecing together the evidence for your defense. Our Muskogee attorneys will stand up for you against bogus criminal charges or negotiate a better outcome if you did indeed commit a crime.
Our attorneys know how to present in court the details that can significantly affect the result of a criminal case.
Call a Muskogee criminal defense attorney today at 918-884-7774 to ask questions or schedule a free, confidential consultation.