Vehicle burglary in Muskogee takes place when an intruder breaks into someone else’s vehicle and enters intending to steal or commit another felony. The crime is a felony prosecuted as second-degree burglary in Oklahoma.
You can be tried for second-degree burglary if you break into and enter into any building, room, car, vehicle, and such other property when there is no one present, and you have the intent to commit a felony.
What is Vehicle Burglary in Muskogee?
The crucial facts in a vehicle burglary case are breaking and entering, and the intent to commit a felony once inside. The means used to break and enter do not matter so long as they are illegal. A window can be shattered, a false key used, or entry can be made through a partially open window on the vehicle.
Once an entry is gained into a vehicle, there must be an intention to commit another felony. For instance, entry may be gained into a vehicle to steal a cell phone, a laptop, or something else left visible in the vehicle or to drive the car away.
Elements of Vehicle Burglary in Muskogee
The prosecution must prove the following six elements of the crime beyond the faintest shadow of a doubt to get a conviction.
- Breaking and
- the building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or structure
- of another
- in which property is kept
- with the intent to steal or commit any felony while within.
The prosecution must prove that the intent was to commit a felony after breaking and entering. If the prosecution fails to prove this, then the charges can be reduced to breaking and entering — which is a misdemeanor in Oklahoma. A defendant can argue that there was no intention to commit a felony once inside the vehicle.
Successfully discounting the sixth element of this crime can lead to a lesser charge of breaking and entering.
The defendant can also argue that he or she had permission to be inside the vehicle.
While the preceding discussion includes just a few possible defenses, only a seasoned and experienced Muskogee lawyer can analyze your case and propose a strong defense that will give you a fighting chance in court.
Vehicle burglary carries a harsh sentence upon conviction. You could spend up to seven years in prison for this crime. There is no option of a fine in lieu of incarceration.
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 make a significant effect on 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.