Burglary in Oklahoma is breaking and entering a building, vehicle, or other structure with intent to commit a crime inside. Nothing has to be stolen. First-degree burglary involves breaking into a dwelling while someone is present and carries 7 to 20 years in prison. Second-degree burglary covers other buildings, vehicles, and unoccupied homes and carries 2 to 7 years.
Key Takeaways
- Burglary requires breaking, entering, and intent to commit a crime inside.
- First degree (occupied dwelling): 7 to 20 years in prison.
- Second degree (other structures and vehicles): 2 to 7 years in prison.
- First-degree burglary is an 85% crime, meaning most of a prison sentence must be served.
- Intent is the element most often contested.
First-Degree Burglary
Under 21 O.S. § 1431, first-degree burglary is breaking into and entering a dwelling house in which a human being is present, with intent to commit a crime inside. It is punishable by 7 to 20 years in prison, and because it is listed among Oklahoma's 85% offenses, a person sentenced to prison must serve at least 85% of the sentence before becoming eligible for parole.
Second-Degree Burglary
Second-degree burglary under 21 O.S. § 1435 covers breaking and entering a building, structure, vehicle, or similar place where property is kept, with intent to steal or commit a crime. That includes businesses, storage units, garages, cars, and homes where no one is present. The range is 2 to 7 years in prison.
| First degree | Second degree | |
|---|---|---|
| Place | Dwelling with a person present | Buildings, vehicles, unoccupied homes, other structures |
| Sentence range | 7 to 20 years | 2 to 7 years |
| 85% rule | Yes | No |
What Counts as "Breaking"?
Breaking does not require smashing a window. Opening a closed door, pushing open a window, or entering through deception can qualify. Walking through a door that is already open may not. These details often decide whether burglary can be proven or whether a lesser charge, such as trespass or larceny, is the right fit.
Defending Burglary Charges
- Intent: the State must prove you intended to commit a crime when you entered, not just that you were there.
- Permission: entering with the owner's consent is not burglary.
- Identity: fingerprints, video, and witness accounts can be challenged.
- Charge level: whether the home was actually occupied can move a case from first to second degree.
If property was taken, see petit vs. grand larceny in Oklahoma. For an overview of property crimes, visit our Oklahoma City theft lawyer page.
Frequently Asked Questions
What is the sentence for first-degree burglary in Oklahoma?
First-degree burglary is punishable by 7 to 20 years in prison, and it is an 85% crime, so at least 85% of a prison sentence must be served.
What is second-degree burglary in Oklahoma?
Second-degree burglary is breaking and entering a building, vehicle, or other structure, including an unoccupied home, with intent to steal or commit a crime. It carries 2 to 7 years.
Does something have to be stolen for burglary?
No. Burglary is complete when a person breaks and enters with intent to commit a crime inside, even if nothing is taken.
Is car burglary a felony in Oklahoma?
Breaking into a vehicle with intent to steal or commit a crime can be charged as second-degree burglary, which is a felony.
Talk to an Oklahoma City Theft Defense Lawyer
A theft or property crime charge can follow you into every job and housing application. Call (405) 605-8380 or request a free consultation to have your case reviewed.
This article is general information about Oklahoma law, not legal advice. Laws change, and every case depends on its facts. Contact an attorney about your specific situation.
