First and Second Degree Burglary have different ranges of sentencing. We all know that burglary is a crime. But did you know that this crime can be split into degrees? This matters when you are facing your sentence. It could change the possible prison time by 13 years. So, let us explain the differences between first and second degree burglary.
Defining First and Second Degree Burglary
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First Degree Burglary: Okla.Stat.Ann. Tit. 21 § 1431
To face charges on first degree the authorities must be able to prove a series of events. These include:
– breaking into a living space where someone is
– by using a weapon or conspiring with another person and/or
– by using fake keys or lock picking kits.
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Second Degree Burglary: Okl.St.Ann. § 1435
The law regarding second degree is:
“[Anyone] who breaks and enters any [place], in which any property is kept, or ….forcibly opens, any….machine or device with intent to steal any
property therein or to commit any felony, is guilty of burglary in the second degree.
Thus, first degree burglary involves an innocent person present in the area or if you use a weapon. Otherwise, the elements of first degree and second degree burglary are almost the same. However, the difference makes a huge impact on the possible sentencing.
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Sentencing on First and Second Degree
All burglary crimes are felony convictions. As a result, you face prison time and generally must pay some sort of restitution to those you affect. However, first degree burglary comes with a possible sentence of up to 20 years confinement. Second degree has a maximum of 7 years in prison. As you can see, there is a 13 year difference in the maximum sentencing time for the two.
Our Criminal Defense Attorneys Can Help
Let our Claremore attorneys help you. Felony convictions are extremely problematic for people long after they complete their punishment. In fact, it can cause problems securing good jobs and sometimes even housing. So, give us the opportunity to give you the best possible defense. Call us today at 918.379.4872 for a free consultation.
