A breaking and entering alert led Mayes County Deputies to a theft ring bust in August of 2021. Deputies were investigating an open window and possible breaking and entering when they discovered a suspect inside the dwelling. This led to a 10 hour standoff and eventually the discovery of $250,000 worth of stolen equipment in a field. The theft ring operated in Tulsa, Rogers, and Mayes counties. Although this is not a typical breaking and entering crime, other breaking and entering offenses in Oklahoma are common.
Breaking and Entering Statutes
Under Title 21, Oklahoma Statutes define what breaking and entering is. This is in § 1438 and basically says that you must enter into a place without permission of the owner. Further, you must do this intentionally or with the aim or entering the building. You don’t have to intend on stealing anything or vandalizing the area. In fact you simply must only be inside without permission of the owner.
You may also be interested in our article on Malicious Injury to Property.
There are two main ways to commit breaking and entering. First, you can break in using physical force. This is the most obvious way of committing the offense. You could slash screens, crawl through windows, or even push ajar doors. Second is a less common way of doing it. This is a constructive breaking and entering. It involves blackmail or fraud in order to get inside a place.
Legal Consequences
Oklahoma generally classifies this as a misdemeanor crime. However, these can still result in jail time and fines. You may spend up to a year in prison if guilty of this crime. Further, fines can reach up to $500 and may also include compensation if you damaged the owner’s property while breaking in.
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Rogers County Breaking and Entering Defense
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