According to Oklahoma law, second-degree burglary occurs when an individual unlawfully enters different types of structures with the intent to harm others. This particular offense is less severe than first-degree burglary. It involves unlawful and forcible entry into an occupied dwelling.
Legal Penalties
In Oklahoma, second-degree burglary is considered a felony and thus is subjected to harsh penalties. A convicted person risks:
1. Prison Sentence
As burglary in the second degree, Oklahoma may result in imprisonment for up to 7 years. However, the duration largely depends on aggravating circumstances, including prior convictions and damages to the property.
2. Criminal Fines
Courts create additional monetary penalties for crimes alongside incarceration, which requires a defendant to pay thousands of dollars depending on the severity of the crime committed. Walgreens may also seek reparations, which means the defendant will be required to pay a property owner for any damages caused or property claimed in the process.
3. Permanent Criminal Record
An individual’s criminal record is marked with a felony conviction for the rest of their life with no exceptions put in place for expungement, which is a legally complex procedure. A criminal record increases the obstacles in attaining a job, receiving a loan, or finding a house because many employers and landlords do not check the individual’s background.
4. Probation and Parole
Judges can, in certain circumstances, allow for probation in place of jail time, more so with first offenders. However, breaking the terms set forth on probation can revoke the probation and lead to a prison term instead.
In light of such consequences, those fighting this charge are better off hiring a criminal defense lawyer well-versed in Oklahoma burglary laws.
Potential Defenses Against a Second-Degree Burglary Charge
Constructing a good legal defense can help to mitigate charges and, in some cases, allow the complete dismissal of a case. A few defenses that may be employed relative to the act of burglary are summarized as follows:
1. Lack of Intent
The prosecution needs to prove the intention to commit a crime inside the premises to be able to classify the defendant as a burglar. In case of lack of intent to commit a criminal act while entering the property, the charge may be dismissed. For instance, an individual who walks into a warehouse, believing that they are allowed to do so, can be defended by an attorney based on lack of intent.
2. Mistaken Identity
If the defendant doesn’t fall under the category of being the “real culprit,” – then the attorney can argue against the testimonies provided by witnesses in regard to certain clips, images, videos ,or even commentary created by the police about the case. Such defenses aid cases that lack forensic evidence connecting the accused to the crime.
3. Unlawful Search and Seizure
When police officers examine the suspect’s property without having a legal warrant or reasonable evidence for doing so, any information derived from it becomes useless in court. An able and knowledgeable lawyer defending the case will determine whether law enforcement breached the defendant’s Fourth Amendment guarantees during the inquiry.
4. Alibi Defense
Any proof placed before the court that exonerates the accused of the criminal act is called an alibi. Evidence such as witness statements, security video footage, and phone records are good examples of strong alibi evidence.
5. Duress or Coercion
A defendant who claims having committed a crime because of being threatened or forcefully made to do so might be defended in a court of law. In layman’s terms, committing an act in self-defense is not classified as a crime. Every case is different and in the hands of a qualified advocate, who determines what is best for the client, depending on the evidence for and against the client.
Steps to Take If You’re Facing a Second-Degree Burglary Charge
Being charged with second-degree burglary calls for taking certain actions immediately. As they may be vital to your legal defense. Here’s what you should do next:
1. Remain Silent
Engaging with law enforcement without a lawyer’s presence fortifies the prosecution’s case, and therefore, it would be prudent to avoid it. And anything said has the potential to be detrimental in the courtroom. You should tactfully state that you’d want a lawyer and invoke your right to stay silent as stated in the thFifth Amendmentnt.
2. Hire a Criminal Defense Attorney
Don’t try to handle the case by yourself. An accomplished lawyer can negotiate with the prosecutors, question the evidence, and come up with a good defense plan. Search for an attorney who has experience dealing with burglary cases in Oklahoma courts.
3. Gather Evidence for Your Defense
If you have evidence that you were out of town during the time of the alleged burglary. Gather any receipts, documents, phone records, and security footage. Also, let your lawyer know right away if you think the police might have infringed your rights.
4. Follow Legal Advice and Court Orders
Make sure you go to all of the court hearings, obey any bail stipulations, and take your lawyer’s guidance throughout the case. If you are released on bail, do not talk about your case with anyone aside from your attorney.
Final Thoughts: Protect Your Future
In Oklahoma, a second-degree burglary charge is certainly not something to consider lightly. Having a conviction can drastically change one’s life. But with proper legal planning and an appropriate approach, alleviating the accompanying burdens is feasible.
Facing a second-degree burglary charge then ensuring that you get the right legal help from an attorney who understands the case is paramount. Check out this guide for what steps to take if you are facing burglary charges to know your legal options better.
Knowing what actions to take allows you to put measures that protect your legal rights, prepare for a robust defense, and ensure that you obtain the best outcome possible.