State of Oklahoma v. Brian Daniel Tisdale

Pawhuska, Oklahoma criminal defense lawyer represented the Defendant charged with:

1. BURGLARY IN THE FIRST DEGREE

2. BREAKING AND ENTERING DWELLING WITHOUT PERMISSION

In Oklahoma, first-degree burglary (21 O.S. § 1431) is a serious felony defined as breaking into and entering a dwelling or room where a person is present, with the intent to commit a crime inside. It requires forcible entry, being armed, or having an accomplice present. Convictions carry 7 to 20 years in prison.
Key Elements of First-Degree Burglary
According to Oklahoma law, a person is guilty of first-degree burglary if they break into a dwelling of another, where someone is present, with intent to commit a crime, by:

Forcibly bursting or breaking the wall, outer door, window, or shutter of a house.
Breaking in any other manner while armed with a dangerous weapon.
Being assisted by one or more confederates (accomplices) actually present.
Unlocking an outer door using false keys, picking a lock, or opening a window.

Distinctions and Penalties

Presence Required: A key factor is that the home is occupied ("hot prowl") at the time of entry.

Punishment: 7 to 20 years in the State Penitentiary.

Intent: The intruder must intend to commit a crime (e.g., theft, assault, rape) once inside.

Second-Degree Burglary: Involves breaking into a building or structure that is not a dwelling, or a dwelling where no one is present, punishable by 2 to 7 years.

First-degree burglary is considered a "strike" offense in Oklahoma.

CM CAP. STATE BY TARA JACK, ADA. DEFT APPEARING IN PERSON W/VALERIE BLACKSTOCK. COMES ON FOR PLEA. DEFT S&T, DEFT ADVISED OF RIGHTS, DEFT WAIVES PH, CT ACCEPTS WAIVER, DEFT BOUND OVER FOR DCA, DEFT WAIVES JURIS OF SPECIAL JUDGE/2 JUDGE, EFT WAIVES JT/NJT, DEFT WAIVES PSI, DEFT ENTERS PLEA OF GUILTY, CT FINDS FACTUAL BASIS, COURT ORDERS DEFT TO COMPLETE ARC PROGRAM. TX REVIEW/SENT SET 10-24-25 AT 9AM. CM-24-70 AND CM-23-550 TO TRAIL.