Possession of burglary tools is a serious crime in Rogers County, and can come with significant legal consequences, including jail time, fines, and more. If you or someone you know is facing charges, understanding the elements of this offense, the potential penalties, and possible defenses is critical.
Definition of Possession of Burglary Tools
Oklahoma prohibits the possession of burglary tools under Title 21, Section 1437 of the Oklahoma Statutes. The statute makes it illegal to possess tools or devices intended for use in committing a burglary or theft, such as:
- Crowbars
- Screwdrivers
- Lock-picking devices
- Bolt cutters
- Other tools specifically adapted for unlawfully gaining access to buildings or vehicles.
The key element of this crime is intent. Merely possessing these tools is not a crime unless the prosecution can prove the individual intended to use them for unlawful purposes.
Elements of the Crime
To secure a conviction for possession of burglary tools in Rogers County, the prosecution must prove the following elements beyond a reasonable doubt:
- Possession: The defendant had physical control or access to the tools.
- Tools or Devices: The items are designed or commonly used for breaking and entering.
- Intent: The defendant intended to use the tools to commit a burglary or theft.
Without proof of intent, a person cannot be convicted simply for owning or carrying tools that could theoretically be used in a burglary.
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Penalties for Possession of Burglary Tools
In Oklahoma, possession of burglary tools is classified as a misdemeanor offense. If convicted, the penalties may include:
- Up to one year in county jail
- Fines of up to $1,000
- A permanent criminal record
While this crime is a misdemeanor, a conviction can still have long-term consequences, including difficulties finding employment, housing, or passing background checks.
Common Defenses
Several defenses may apply to possession of burglary tools charges. These include:
- Lack of Intent: The defendant had no intention of using the tools for illegal purposes. For example, they might have been carrying tools for legitimate work or repair purposes.
- Lack of Possession: The tools were not in the defendant’s possession or control.
- Unlawful Search and Seizure: If law enforcement violated the defendant’s Fourth Amendment rights while obtaining the evidence, the tools may be excluded from the case.
- Mistaken Identity: The defendant was wrongly identified as the individual in possession of the tools.
While these are some possibilities, the exact defenses will vary based on the specific details of your case. You should work with a criminal defense attorney throughout your case, as they can help you get the best possible outcome.
Rogers County Burglary Attorneys
Possession of burglary tools is a serious offense in Rogers County, however, it requires intent to use the tools unlawfully. The penalties can impact your personal and professional life, making it vital to seek competent legal representation if charged. Understanding the law and your rights, as well as possible defenses, can make a significant difference in the outcome of your case.
The Kania Law – Claremore Attorneys team has the criminal defense knowledge and experience you need. Get a free and confidential consultation by calling 918.379.4872. Or follow this link to ask a free on line legal question.
