What Factors Can Enhance Or Aggravate A Burglary Charge In Oklahoma?

The manner by which the burglary is conducted or the target of the burglary can enhance a burglary charge. Burglary With Explosives and Burglary of a Controlled Drug are two examples of this.

Burglary With Explosives

Burglary With Explosives is covered in 21 O.S. § 1441. The use of explosives to enter certain structures or the use of explosives to open something inside the structure with explosives enhances a burglary charge. The minimum punishment in the Department of Corrections for Burglary With Explosives is 20 years.

Burglary Of A Controlled Dangerous Substance

The statute that covers Burglary, Larceny, or Theft of a Controlled Drug is 63 O.S. § 2‑403. The maximum punishment in the Department of Corrections is ten years.

Effect Of An Injury During The Commission Of A Burglary

If there is an injury during the commission of a burglary or robbery, then the individual who caused the injury will pick up additional charges related to that injury. These can include Assault & Battery, Assault and Battery With a Dangerous or Deadly Weapon, or even Murder. These results can provide circumstantial evidence that the person intended to commit a crime inside, which would increase the chances of being found guilty of burglary. Somebody who burglarizes a house and injures somebody inside will likely be charged with both burglary and the crime related to the injury that the victim sustained.


21 O.S. § 2-403, 21 O.S. § 1438, 21 O.S. § 1441, OUJI-CR 8-36, OUJI-CR 8-37, & OUJI-CR 8-38

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