Tulsa Burglary Defense Lawyers
Burglary is a serious crime in Oklahoma, punishable by life-altering consequences. If you find yourself arrested on burglary charges in Tulsa, the first and most crucial course of action is to remain calm. Assert your right to remain silent and do not attempt to argue or negotiate with law enforcement officers on the spot. Instead, focus on remembering the details of the incident.
Without a doubt, you need an experienced Tulsa burglary defense lawyer to fight for you and your rights. At Enlow Law, our firm has a deep understanding of Tulsa's legal landscape, which can be instrumental in building a robust defense. Rest assured that, with the right legal counsel, you can navigate this challenging and complex situation effectively. Our attorneys can analyze the specifics of your case, create an aggressive defense strategy, negotiate on your behalf, and represent you in court.
If you are facing burglary charges in Tulsa, our team is here to help. Call us now at (918) 212-5359 or contact us online.
What Is Burglary in Oklahoma?
In Oklahoma, burglary is defined under Title 21, Section 1431 of the Oklahoma Statutes. It is generally categorized into two degrees: first-degree burglary and second-degree burglary. First-degree burglary occurs when a person unlawfully enters a dwelling (where someone lives) with the intent to commit a crime therein, and there are people present or the person has a dangerous weapon or explosives. Second-degree burglary pertains to all other instances of burglary, such as breaking into a car, a business outside of operating hours, or a dwelling when no one is present. Both degrees are considered felonies in Oklahoma, and the penalties can be severe, including imprisonment and substantial fines. Thus, a strong defense is essential for anyone charged with burglary in Oklahoma.
Penalties for Burglary in Oklahoma
Being convicted of burglary in Tulsa can lead to severe penalties that vary depending on the degree of the crime committed. The consequences are more profound for repeat offenders and can dramatically affect your future.
- First-degree burglary: Conviction of a first-degree burglary, considered the most severe, generally leads to a prison sentence ranging from seven to twenty years. The presence of people in the dwelling or use of a dangerous weapon or explosives during the crime amplifies the severity of the sentence.
- Second-degree burglary: For second-degree burglary, where the crime involves unlawful entry into a car, business outside operating hours, or an unoccupied dwelling, the convicted individual may face a prison term of two to seven years, along with substantial fines.
- Third-degree burglary: Although not explicitly defined in Oklahoma statutes, third-degree burglary typically refers to less severe instances of burglary, like breaking into an unoccupied building. Even so, it's treated seriously, and a conviction can lead to a prison term of up to five years.
It's imperative to remember that in addition to these legal penalties, a burglary conviction can have life-lasting impacts, such as difficulty finding employment or housing due to a felony record. Therefore, a solid defense with experienced Tulsa burglary defense attorneys becomes crucial.
How to Challenge Burglary Charges in Tulsa
At Enlow Law, our attorneys leverage a number of strategies to challenge burglary charges effectively. Our first step is always to conduct a thorough review of the case, examining the specifics of the alleged incident, the evidence presented by the prosecution, and any potential violations of your constitutional rights. From there, we can tailor a defense strategy to your unique situation.
Common defenses against burglary charges include:
- Lack of Intent: The prosecution must prove that you intended to commit a crime at the time of unlawful entry. If we can demonstrate that you had no such intent, this could lead to a dismissal of the charges.
- Innocence: Evidence such as video surveillance, witnesses, or an alibi could prove that you were not present at the scene of the crime, thereby establishing your innocence.
- Misidentification: Mistaken identity is quite common in burglary cases. We can challenge the accuracy of eyewitness identifications, which can create reasonable doubt.
- Violation of Rights: If law enforcement violated your rights during the investigation or arrest, such as conducting an unlawful search and seizure or denying your right to an attorney, we can move to have the resulting evidence excluded, weakening the prosecution's case.
- Consent: If you had permission to enter the property, we can argue that the entry was not unlawful, which is a necessary component of a burglary charge.
Our team's objective is to minimize the impact of burglary charges on your life and put forward the best possible defense for your case.
Contact a Tulsa Burglary Attorney Today
If you are facing burglary charges, our Tulsa burglary lawyers can help you challenge the charges against you. Enlow Law has over 30 years of experience and is well-versed in the defenses against burglary charges.
Call our firm at (918) 212-5359 to schedule your consultation today!