Burglary charges in Oklahoma come in two forms: criminal felony burglary in the second degree and criminal felony burglary in the first degree. Each type carries distinct penalties if convicted, making it essential to comprehend the differences, especially if you're facing such charges. Rest assured, we're here to provide comprehensive information on this page.
If you're confronted with criminal felony burglary in the second-degree charges, don't hesitate to reach out to Ball Morse Lowe for expert guidance. With our assistance, you can safeguard your rights and your future.
Let's begin by addressing a fundamental question: What sets burglary in the second degree apart from burglary in the first degree? It's a relatively straightforward distinction. Second-degree burglary transpires when an individual unlawfully enters or remains within a structure with the intent to commit a felony, theft, or another crime, but the structure is unoccupied.
Conversely, first-degree burglary is more severe, involving properties or vehicles occupied at the time of the offense. In simpler terms, if someone is caught breaking into a building with the intent to commit a felony or theft while occupants are inside, they will likely be charged with first-degree burglary.
For those facing charges of criminal felony burglary in either the second or first degree in Perry, Oklahoma, potential penalties hinge on criminal records and mitigating or aggravating factors. Generally, a conviction for second-degree burglary mandates a minimum prison sentence of two years and a maximum sentence of seven years.
Conversely, first-degree burglary constitutes a graver offense, resulting in harsher consequences. This crime carries a minimum sentence of four years in prison and a maximum sentence of life imprisonment. While probation might be an option in specific cases, eligibility depends on various factors and should not be assumed.
Moreover, it's essential to bear in mind that both types of burglary could incur fines of up to $5,000. Additionally, should property damage occur during the commission of the crime, the judge may order restitution as part of the sentence.
The severity of a burglary sentence in Perry hinges on certain factors that can either exacerbate or mitigate the penalty. For instance, the use of a weapon during the offense typically leads to an increased sentence. Conversely, if it's established that no property was stolen, a reduced sentence might ensue.
Additionally, when a defendant was a juvenile at the time of the crime, they might be eligible for special programs and alternative sentencing options. In such instances, seeking the counsel of an experienced criminal defense attorney in Perry is highly recommended to ascertain the best course of action.
Individuals with previous convictions for similar crimes may also encounter enhanced penalties. In such cases, an attorney can help construct an effective defense and advocate for a fair sentence.
When you collaborate with an attorney in Perry to combat burglary charges, they may recommend various defense strategies depending on your case's specifics. These may include arguing that you were unaware the premises were occupied or providing evidence that you had no intent to commit a crime upon entering the building.
Your attorney may also seek to challenge the prosecution's argument by highlighting any weaknesses in their case. Crucially, they can strive to reduce or even dismiss your charges when appropriate, guiding you through the entire legal process.
If you're facing charges of second-degree or first-degree burglary in Perry, Oklahoma, take immediate action and contact the exceptional team at Ball Morse Lowe. Our experienced criminal defense attorneys offer top-notch advice and legal representation, so don't delay—reach out today to protect your freedom.
Irrespective of your past, we'll vigorously uphold your rights throughout every stage of the legal process and ensure you receive a fair trial. We're available to address any inquiries or concerns you may have, so call us at 405.701.5355 or provide your details via the contact form.
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