In Oklahoma, like many other states, burglary comes in two forms, criminal felony burglary second-degree and criminal felony first-degree. Each of these crimes carries different penalties if convicted, so it is important to understand what the differences are between them, especially if you've been charged. Don't worry, we've got lots of valuable information on this page.
If you've been charged with criminal felony burglary second-degree, don't be afraid to reach out to Ball Morse Lowe for help. With the right assistance, you can protect your rights and look after your future.
Before anything else, let's address the most common question of all: what is the difference between burglary second-degree and first-degree? It's actually quite simple. Burglary in the second degree occurs when someone enters or remains unlawfully in a building with the intent to commit a felony, theft, or other crime inside. However, the property itself has no occupants.
With this in mind, you can probably guess that burglary first-degree is slightly more serious because the property or vehicle is occupied at the time of the crime. In other words, if someone is caught entering a building with the intent to commit a felony or theft while people are inside, then they will most likely be charged with burglary first-degree.
If you have been charged with either criminal felony burglary second-degree or criminal felony first-degree in Ponca City, Oklahoma, the penalties you may face depend on your criminal record and any mitigating or aggravating factors. Generally speaking, burglary second-degree carries a minimum sentence of two years in prison and a maximum sentence of seven years in prison if convicted.
On the other hand, burglary first-degree is seen as a more serious offense with harsher penalties. For this crime, the minimum sentence is four years in prison and the maximum sentence is life in prison. In some cases, a person charged with burglary first-degree may be eligible for probation, but this depends on a variety of factors and should not be counted on.
Additionally, keep in mind that both burglaries can come with a fine of up to $5,000. It's also possible that the judge may order restitution as part of the sentence if it is determined that damage was done to the property during the course of committing the crime.
When it comes to the penalty for burglary in Ponca City, we mentioned that certain factors can either increase or decrease the severity of the sentence. For example, if a weapon was used during the crime then this will almost certainly result in an increased sentence. On the other hand, if it is determined that no property was stolen then this could lead to a reduced sentence.
Furthermore, if the defendant was a juvenile at the time of the crime, then they may be eligible for special programs and alternative sentencing options. In these cases, it is highly recommended that you seek the help of an experienced criminal defense lawyer in Ponca City who can advise on your best course of action.
Elsewhere, those with prior convictions for similar crimes may also face enhanced penalties. In this scenario, again it's crucial to have a lawyer on your side who can help you build the best defense and fight for an appropriate sentence.
When you partner with an attorney in Ponca City to fight your burglary charges, they may suggest a variety of defense strategies depending on the specifics of your case. Some common strategies include arguing that you were unaware that the premises were occupied or showing evidence that you had no intent to commit a crime when entering the building.
Your lawyer may also try to cast doubt on the prosecution's argument by pointing out any weaknesses in their case. Crucially, they can also work to get your charges reduced or even dismissed if appropriate, and assist you throughout the entire legal process.
If you have been charged with either burglary second-degree or first-degree in Ponca City, Oklahoma, take action now and contact the amazing team at Ball Morse Lowe. Our experienced criminal defense lawyers will provide you with the best advice and legal representation possible, so don't delay - get in touch today to secure your freedom.
Regardless of your past, we will fight for your rights every step of the way and make sure you receive a fair trial. We are available to answer any questions or concerns you may have, so call 405.701.5355 or provide us with your details using the contact form.
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