Possession of Burglary Tools Can Lead to a Felony in Oklahoma
If you have a previous burglary conviction on your record, you could end up with a felony on your record if you are caught to be in possession of burglary tools in Oklahoma. It is helpful to know what burglary tools are to stay out of trouble.
Possession of Burglary Tools Defined
In Oklahoma, possession of burglary tools is defined as having any of the following tools in your possession: pick-lock, crow, key, bit, jack, jimmy, nippers, pick, betty or any other tool routinely used in a burglary, with the intent to break into and enter a building, booth, tent, railroad car, vessel or the like, to commit a felony inside. Okla. Stat. tit. 21 § 1437
Just being in possession of burglary tools with the requisite intent is a misdemeanor. It will be charged as a felony if you have a previous burglary conviction on your record.
Whether this is charged as a misdemeanor or a felony, the prosecution must prove that you had the intent to break and enter and commit a felony inside the property or structure of another.
Generally speaking, breaking and entering is interpreted broadly under Oklahoma law. It can mean forcibly breaking a window or door to enter, but it can also include using a false key to enter, or just opening a window and entering without permission. Okla. Stat. tit. 21 § 1431
The prosecution will use facts to show intent. The more closely the tools resemble those on the above list, the more likely mere possession will be used by the prosecution to prove intent to break and enter.
A Previous Burglary Turns the Crime into a Felony
If you are caught with three or more of the following tools, and have had a previous burglary conviction, you would face a felony charge: sledgehammer, pry bar, punches, chisel, or bolt cutters, with the intent to use them or knowing that they will be used in the commission of a crime. Okla. Stat. tit. 21 § 1442
If convicted, you could face up to two years in prison, or a fine of up to $10,000, or both. Okla. Stat. tit. 21 § 9, 64
Whether the crime is charged as a misdemeanor or a felony, you will want the help of an experienced Tulsa criminal defense attorney to help protect your rights and freedom. Call today.
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When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa criminal defense attorney to discuss your available legal options.
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