Can you be charged with second degree burglary if you had a key to enter the premises?

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Can you be charged with second degree burglary if you had a key to enter the premises?

I was at work – working in a building I had keys to and I made the dumbest mistake in my life and stole $200 worth of gift cards. I don’t know why I did it I just saw them in an office I was cleaning and took them. The DA is charging me with 2nd degree burglary. I agree it was very wrong and deserved to be punished but I don’t understand how it’s burglary since I did not break in? I have never been in trouble before in my life. I was wondering how they got the burgarly charge and if there else it could be dropped to? Also what kind of sentence am I looking at?

Asked on August 17, 2011 Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you need to do is to obtain an attorney to help you as soon as u can.  The definition of the elements of the crime and the facts surrounding the crime will determine how you are charged in a criminal proceeding. The general definition of burglary is if a person enters a building with the purpose to commit a crime unless the building is open to the public or the person who enters is licensed or privileged to enter.  So if the elements are the same in Oklahoma then you may be correct that the element of charge are not supported by the facts.  But only an attorney in your area can tell you that.  Get help.  Good luck.


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