You wouldn’t think that just having tools in your possession can get you into trouble. Tools by themselves, are after all, just tools. However, depending on the tools, and your criminal history, being caught in possession of burglary tools in Oklahoma could land you in jail.
Possession Of Burglary Tools Defined
In Stillwater, Oklahoma, possession of burglary tools is defined as having within one’s possession tools such as a picklock, crowbar, key, bit, jack, jimmy, nippers, pick, betty, or other implement of burglary with the intent to break into and enter a building, booth, tent, railroad car, vessel, or the like to commit a felony. This is a misdemeanor offense and punishable under the general misdemeanor statute by up to a year in jail. Okla. Stat. tit. 21 § 1437
Breaking and entering is a term of art defined in the burglary statutes as forcibly breaking a wall, door, window, or lock; by breaking in in any other manner; by picking a lock; using a false key; lifting a latch; or opening a window. Okla. Stat. tit. 21 § 1431
Defenses
Possession of burglary tools in Oklahoma is a crime of intent. In order to be convicted of this crime, the prosecution must prove beyond a reasonable doubt that you were not only in possession of these tools, but in possession with the intent to break and enter a building and commit a felony. However, this can be hard to prove.
The prosecution will use facts to show intent. For example, if you are caught with bolt cutters near a chain link fence at midnight, those facts could be used to show that you have the intent to break and enter.
Any facts that you have that could disprove intent would also be valuable to your defense. Let’s say you couldn’t sleep and were out walking. The bolt cutters were on the ground and your fingerprints were not on them. These facts could disprove both intent and possession.
Previous Burglary Convictions Make Matters Worse
A criminal history of first or second degree burglary in Oklahoma makes getting caught with burglary tools a much more serious conviction. Thus, if you are caught with three or more of the following tools, you could face a felony conviction: 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
In Oklahoma, a previous burglary conviction means mandatory jail time if you are caught with burglary tools again.
Even a misdemeanor can mean up to a year of jail time. Therefore, if you are facing a possible conviction, do not try to handle this on your own.
Get the help you need and deserve to protect your freedom. A Stillwater criminal defense attorney can make the difference.
Initial Strategy Session With A Stillwater OK Attorney
Wirth Law Office – Stillwater is here to help you when you need it the most.
We offer a initial consultation with an experienced Stillwater OK attorney to help you defend your legal rights. Don’t try to handle your legal matter by yourself.
Call 405-673-1600 for a initial low-cost consultation or submit a question through this website.
