Home invasions and other burglaries are seen as very serious crimes. Not only do the laws of Oregon treat these crimes as such, but so do the prosecutors of the state and the cops. If you are arrested or under investigation for an offense like this, you will be treated like a criminal.
Whether you’ve never been to jail or if you have a lengthy criminal history, the prospect of facing prison time doesn’t get any easier. Fortunately, a criminal charge and a criminal conviction are vastly different.
If you are accused of burglary, you need someone on your side advocating for your best interests and working to protect your rights.
Oregon Burglary Laws and Penalties
There are a few different burglary laws in Oregon. The charge you face depends on the facts of your case and the evidence that the prosecutor has against you. Your attorney can help you figure out why you are facing the charge you are and if there is any chance that the charge could be reduced.
Under Oregon law, burglary is defined as: entering or remaining unlawfully in a building with the intent to commit a crime therein. This crime does not have to be a theft, though that’s what most people commonly think of when they think of burglary.
Burglary in the Second Degree
If you commit burglary, as defined above, you will be charged with 2nd degree burglary. This offense is a Class C Felony and carries a potential 5 year prison sentence and $125,000 in fines.
Burglary in the First Degree
If you are accused of committing a burglary where the building in question is a dwelling/home, you could face this charge. Similarly, if you commit a burglary and any of the following are true, you could be charged with 1st degree burglary:
- You are armed with a burglary tool or a deadly weapon,
- You cause or attempt to cause physical injury to someone, or
- You use or threaten to use a dangerous weapon.
First degree burglary is classified as a Class A Felony, which carries up to 20 years in prison and $375,000 in fines.
Possession of Burglary Tools
Certain tools, often used in the commission of burglary offenses, are illegal to possess. These tools might be used to gain entry into a secure facility by breaking locks, burning through steel or concrete, or in other ways facilitating a forcible entry.
If you are accused of possessing any tools of this nature with the intent to use it to break and enter or if you possess it and know that someone else has the intent to use it in such a manner, you could face this Class A Misdemeanor charge and up to 1 year in prison and $6250 in fines.
All burglary crimes are serious and a conviction should be avoided whenever possible. If you are accused of burglary and are in need of assistance, contact our offices today for a consultation.