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Home Invasion in Oklahoma

Burglary can be considered both a property crime and a violent offense in Oklahoma. First degree burglary is also called home invasion and it is the most seriously prosecuted and punished of the burglary offenses on the books in Oklahoma. It is a felony that can result in a substantial prison sentence.

Elements of Home Invasion

All types of burglary involve entering a residence or other structure, including automobiles:

  • - Without permission
  • - With the intent to commit a crime

Home invasion, or first degree burglary, is committed when one breaks into or enters:

  • - A dwelling of another
  • - Someone is present inside the dwelling at the time
  • - The person who breaks in has the intent to commit some crime inside of the dwelling

Penalties for Home Invasion

Under Oklahoma Statute 21 Ann. § 1431, 1436 and 1441, first degree burglary is punishable by a prison sentence of seven to 20 years. If the accused used or possessed explosives are used or possessed committing any type of burglary, the penalty increases from 20 to 50 years in prison.

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