Simply unlocking an outer door with a false key, picking the lock, or lifting a latch or opening a window (even if not locked) is sufficient to effectuate the crime. Amended by Laws 1941, p. 87, 1; Laws 1961, p. 232, 1; Laws 2018, c. 129, 1, eff. This comes as Ferrari is also facing charges of sexual battery stemming from an incident on July 2. So long as no one is present in the area, individuals will only be charged with burglary in the second degree if they break and enter into any building or any part of any building, room, booth, tent, railroad car, or other structure or erection, in which any property is kept, or break into or forcibly open, any coin-operated or vending machine or device with intent to steal any property. Burglary of a controlled dangerous substance is a felony. We think of burglary as a crime of theft, but the intent can be to commit any type of felony inside. The statute concerning first-degree burglary list specific "breaking" actions. A person is considered to enter a place if any part of their body is within that structure. In Oklahoma, however, these offenses were both Nothing on this site should be taken as legal advice for any individual Start here to find criminal defense lawyers near you. But while it is true that entering a building and stealing something inside of it is one possible form the burglary, it does not capture the full spectrum of places where a burglary can occur or activities that it can include. Charges by CPD: Aggravated assault and cruelty to children in the third degree. Nov. 1, 2018. When breaking into someones home, it is often times simply dumb luck that there is no one present when the breaking and entering occurs. 1439, 21 O.S. Burglary in the third degree may result in a sentence of imprisonment not exceeding five (5) years, and/or by a fine not exceeding $5,000. Burglary is one of the most common charges in Oklahoma. Youre Being Sued for Something You Had Nothing to Do With: What Do You Do? PLEASE TAKE NOTICE THAT THE ASSEMBLY AND OVERALL APPEARANCE OF THE CONTENT OF THIS WEBSITE AS WELL AS THE CONTENT ITSELF, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMAGES, GRAPHICS, DESIGNS, SOFTWARE, AUDIO OR LOGOS CONTAINED ON THIS WEBSITE ARE THE EXCLUSIVE PROPRIETARY PROPERTY OF THIS WEBSITE AND ARE FULLY PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS (FOR ADDITIONAL INFORMATION, SEE WWW.COPYRIGHT.GOV). The information on this website is for general information purposes only. A crime in the first degree is always more serious than a crime of the second degree. Naturally, being armed with a dangerous weapon in the course of the breaking can also lead to first degree burglary charges. The addition of the third degree makes sense from a logical point of view: breaking into a vehicle is definitely still something that should be charged as a serious crime, but it is not as serious as breaking into someones home. Nonetheless, burglary in the second For first-degree burglary, intent includes committing any crime while in the dwelling. 1441, OUJI-CR 8-36, OUJI-CR 8-37, & OUJI-CR 8-38. Ferrari has been charged with third-degree burglary. Without sufficient proof of each element, the prosecutor may secure a conviction for some other crime, such as trespass or attempted burglary, but not burglary. Tointigh is serving multiple, concurrent 5-year sentences for false personation, third-degree burglary, and a felon with a firearm in Custer County. If the trespasser intended to willfully damage, destroy, vandalize, tamper with equipment, or impede operations of the facility, the person is guilty of a felony and faces up to one year of imprisonment and a $10,000 fine. Next, look at whether the wall, outer door, window, or shutter was forcibly opened. However, for any burglary charge, regardless of the degree, the criminal must have unlawfully entered a property. Breaking includes any act of physical force, however slight, by which obstructions to enter are removed. Proving burglary requires proving the defendant's state of mind at the time of entry into the dwelling, structure, vessel, or vehicle. A second or subsequent conviction is not eligible for probation. The range of punishment in the Department of Corrections is 7-20 years. Wittington Place, Dallas, TX 75234, Submit and call me for a FREE consultation, Submit and cal me for a FREE consultation. Theres something disturbing about the thought of someone entering your home and invading your space. 600 West Sheridan Nolo Contendere Plea Oklahoma criminal law lawyer represented Defendant charged with second degree burglary. Three burglary offenses are detailed in the New York Penal Law. You already receive all suggested Justia Opinion Summary Newsletters. In years past, anyone who broke into an automobile, truck, trailer, or Its a misdemeanor to, under circumstances not amounting to a felony, have in your possession any dangerous offensive weapon or instrument whatever, or any pick-lock, crow, key, bit, jack, jimmy, nippers, pick, betty, or other implement of burglary, with intent to break and enter any building or part of any building, booth, tent, railroad car, vessel, or other structure or erection and to commit any felony inside of it. Ferrari left the OSU wrestling program on July 13. Burglary in the first degree is punishable by a term not less than seven (7) years nor more than twenty (20) years incarceration. Wirth Law Group. Laws are subject to change at any time! 2018-2023 Oklahoma-Criminal-Defense-Lawyer.com All Rights Reserved. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. 1990 Burglary in the third degree is a less severe offense than second degree and first-degree burglary charges. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. Even slight force, such as that needed to remove a screen or open a window, is sufficient to constitute breaking prior to entry. In order to use the defense of voluntary intoxication, the individual has to be so intoxicated that they could not have formed the required intent to commit a crime prior to breaking and entering. The facts surrounding the situation are going to dictate what the persons intent was. A burglary conviction should not result if the person willfully and intentionally broke into and entered a building without the owners or occupants permission but without the intent to commit a crime inside. Note that the dwelling must belong to another person; you cannot commit a burglary by forcing your way into your own home, even if you intend to commit a crime once you are inside. The crime is a felony punishable by up to seven years in prison. It can be satisfied by someone actually using force to burst or break a wall, an outer door, a window, or the lock or bolts of any door to the dwelling. News9.com is proud to provide Oklahomans with timely and relevant news and information, THE OWNERS OF THIS WEBSITE WILL SEEK PENALTIES TO THE FULLEST EXTENT OF THE LAW AGAINST ANY INDIVIDUAL OR COMPANY WHO WITHOUT AUTHORITY USE THE CONTENT OF THIS WEBSITE. Third degree burglary is punishable by no more than five years in prison. The least serious of the three charges is burglary in the third degree. In the past, burglary involved breaking and entering a home at night with the intent to commit a felony inside. The intent to commit a crime has to be formed prior to the breaking and entering. Each of these elements warrants a closer examination. The maximum punishment in the Department of Corrections is ten years. Every person who breaks and enters any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to steal any property therein or to commit any felony, is guilty of Former Oklahoma State wrestler AJ Ferrari has been charged in Payne County on multiple charges. B. 10, 21 O.S. Burglary is a felony offense. "Breaking" means using some type of force to remove an obstruction that blocks entry into a place. Buildings and structures describe commercial buildings, as well any room, booth, tent, trailer, or other structure in which property is kept. Entering consists of putting any part of ones body, such as a hand or an arm or a foot, inside the dwelling, structure or conveyance; even inserting the tool used to commit the breaking will suffice as an entry under the legal definition. He was charged with BURGLARY THIRD DEGREE. The maximum punishment in the Department of Corrections is seven years. Burglary in the Third Degree is the breaking and entering of any automobile, truck, trailer, or vessel of another, in which any property is kept, with intent to steal any property inside of it or to commit any felony. ** This post is showing arrest information only. Paul Parizek said in a Facebook post. Every person who breaks and enters the dwelling house of another, in which there is at the time no human being present, or any commercial building or any part of any building, room, booth, tent, railroad car or other structure or erection in which any property is kept or breaks into or forcibly opens, any coin operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree. In this blog, we'll explore the distinction between the offenses. The entry must be illegal that is, done without permission. What becomes an illegal entry can also be authorized, at least initially: for example, entering a store and then hiding out in it until after closing to commit a theft. this Section. We promise to never spam you. unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window. Oklahoma law classifies burglary into two classes: first and second degree. Current as of March 23, 2020. Call Law Offices of Keith J. Nedwick, P.C. The maximum punishment in the Department of Corrections is seven years. Booking Number: CKMW11720230152. Instead, the best protection for your home is a reliable security system with 24/7professionalmonitoring. tit. He is 6 feet tall, weighs 175 pounds and has brown hair and brown eyes. Speaking with a qualified attorney can help you get your charges reduced in certain circumstances. When someone breaks into a vehicle though, they can usually tell beforehand if anyone is in the vehicle simply by looking in the windows. Instead, an unlawful entry qualifies as trespass. This site is protected by reCAPTCHA and the Google, There is a newer version forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter; breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more confederates then actually present; or. However, by law, theyare not oneand the same. Recently, Oklahoma also added a separate criminal offense of burglary in the third degree. In years past, anyone who broke into an automobile, truck, trailer, or vessel in which property was kept with the intent to steal that property, was also guilty of burglary in the second degree. Second degree burglary occurs when a person breaks and enters into a building, structure or conveyance owned by someone else and in which property is kept, with the intent of either stealing something or committing a crime there (for example, vandalism). Its a felony to enter any building, railway car, vehicle, or structure and there open or attempt to open any vault, safe, or receptacle used or kept for the secure keeping of money, securities, books of accounts, or other valuable property, papers or documents, without the consent of the owner, by the use of or aid of dynamite, nitroglycerine, gunpowder, or other explosives, or enter any such building, railway car, vehicle, or structure in which is kept any vault, safe, or other receptacle for the safe keeping of money or other valuable property, papers, books, or documents, with intent and without the consent of the owner, to open or crack such vault, safe or receptacle by the aid or use of any explosive. There is a mental state and an act that must be performed. It is possible to commit an illegal breaking and entry into a dwelling, building, structure or conveyance even if there is no intention to commit a property crime such as theft or vandalism once inside. A guilty defendant is subject to up to five years in prison. The mental state of intending to commit some crime inside must occur prior to the breaking and entering. 2-403, 21 O.S. 1910, 2615. There are other defenses that you will want to explore with your attorney. The breaking aspect of the crime can be accomplished in a number of ways. Similar to burglary, trespass is defined as knowingly entering onto private property without the authority to do so. OSU Says Star Wrestler 'No Longer Part' Of Program, Former Cowboys Wrestler AJ Ferrari Charged With Sexual Battery, Big 12 Softball Championship Begins At Hall Of Fame Stadium. Advertisement Tointigh is serving multiple concurrent five-year sentences for false personation, third-degree burglary and a felon carrying a firearm out of Custer County. After crews noticed he was missing, local police departments were notified and searches began. Protective Order Vs Emergency Custody: Whats the Difference? A dwelling includes any house, trailer, boat, apartment, or other structure usually occupied for overnight accommodation. Criminal matters are extremely complex. In other words, this notion of burglary is really another term for larceny or theft. A person can burglarize a dwelling, building, structure, vehicle, or vessel. Regardless of the degree of burglary, they each contain a common element: breaking and entering. Sentences for third degree burglary convictions carry reduced maximum sentences. This post will provide some additional information on how Oklahoma law defines burglary. One thing is for sure, any type of burglary feels like a violation. First degree burglary consists of breaking and entering into a dwelling (a house or structure normally occupied by a person) while a person is inside, with the intent to commit a crime once inside. Penalties for burglary increase if the burglar had, used, or tried to use explosives in order to open or attempt to open a vault or safe while committing the offense. You're all set! Breaking an entering, possession of implements of burglary, and entering with the intent to commit a felony, are misdemeanor charges that are related to the crime of burglary. The degree of burglary is determined as follows: Another element that distinguishes the degrees of burglary is the alleged offender's intent. To be convicted of burglary, the defendant must have decided to commit a crime (misdemeanor or felony) and then entered the building for that purpose. 1910, 2615. Many individuals confuse the two crimes, but they have separate and distinct elements that must be met. In all likelihood, that intent doesnt involve committing a felony. Every person who breaks and enters any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to steal any property therein or to commit any felony, is guilty of burglary in the third degree. Even simply breaking the fastening of a window or shutter is enough. at (866) 590-8173 or contact us online today. Burglary in the Third Degree. The next elements of burglary are where the offense occurred and whether anyone was present at the time. Burglary is a crime of stealth. Third degree burglary is the entry into someones vehicle, trailer, or ship with the intent to steal. Second-degree burglary in Oklahoma is legally defined as: In contrast, first-degree burglary is defined as: The main difference between first and second degree burglary is the presence or absence of another person in the property at the time of the breaking and entering. Night time includes the period between sunset and sunrise. Forcibly bursting or breaking part of the structure; Breaking into the structure while armed with a dangerous weapon; and, Picking a lock, using a false key, turning a latch, or opening a window. Phone: 405-231-5600 There is no intent to commit a crime inside, so that person should not be found guilty of burglary. If there is an injury during the commission of a burglary or robbery, then the individual who caused the injury will pick up additional charges related to that injury. Burglary is a felony punishable by imprisonment in the State Penitentiary as follows: Burglary in the First Degree. Animportant thing to remember is burglary laws will always vary fromstate to state. The law doesn't require a person's entire body to be inside the structure for the entering to occur. There are plenty of issues that can be explored with your Tahlequah attorney to help build a defense. in the Third Degree is the breaking and entering of any automobile, truck, trailer, or vessel of another, in which any property is kept, with intent to steal any property inside of it or to commit any felony. If you've been charged with burglary, criminal trespass, or a related crime, consult a local criminal defense attorney. 1438. Third-Degree Burglary A person commits third-degree burglary by breaking and entering another's automobile, truck, trailer, or vessel, in which property is kept, and intending to steal Breaking and entering aren't the only elements of burglary. sharing the stories, pictures and loves of Oklahomans across our great state. If you've been charged you should speak with an experienced attorney immediately. More Than $3.1 Billion Expected To Be Wagered On March Madness, But Is Your Office Pool Legal? a person breaking into a building and stealing something there. For example, unlawful entry onto land used for farming or ranching incurs a fine of at least $500 (and up to $1,500) and restitution for any damages caused while on the land, at least 30 days (and up to six months) in jail, or both. Drug Diversion and Alternatives to Jail For Women, Exploitation, Neglect and Abuse of Elderly, Bombing, Manufacturing Bombs and Bomb Threats, Acts of Terrorism and Terroristic Threats, Veterans Diversion Programs & Alternatives to Jail, Criminal Charges and Global Entry/TSA PreCheck. The level of force or means of entry may, however, impact the severity of the offense. The maximum fine is $500. The punishment for first-degree burglary is 7-20 years; second-degree burglary carries a maximum of 7 years in prison and third-degree burglary (breaking and entering into a car, vessel or structure with an intent to steal) can be punished by up to 5 years in prison. What was their purpose for breaking into the dwelling, structure, or vehicle? What Does a Judge Look For in a Preliminary Hearing? This could be anything from manufacturing drugs to sexual assault. OK You can explore additional available newsletters here. For instance, burglary of a home or dwelling carries harsher penalties than burglary of an office building. This information is not intended to create, and receipt Email Us, Our Oklahoma City based law firm handles a wide variety of Oklahoma criminal charges. Most people's perceptions of them may be skewed by What Happens If I'm Accused of Domestic Violence? What Are the Difference in OK's Degrees of Burglary? Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Oklahoma law allows for the charge of first-degree burglary for breaking in ANY manner. is a division of the All Rights Reserved by Recently Booked. Gender: M. Race: W. Views: 1 . However, if the defendant previously received a conviction for burglary and possesses or transports any combination of three or more specified burglar's tools (bolt cutters, punches, pry bar, sledgehammer, or chisel), the result will be a felony conviction. Oklahoma law provides a catch-all statute to penalize acts of breaking and entering that fall short of burglary. 73069 Under New York law, first degree burglaries will reflect a more serious crime. Benefits of a monitored system will include: If youd like to learn more about how aprofessionally monitoredsystem keeps you safe around the clock, contactBrinksHome Security . Lauren Slade is a Dallas-based writer and editor. However, theres no reason you should abandon the home you love. Something went wrong while submitting the form. Here is what you want to know about all types of burglary in Oklahoma. This offense is a "catch-all" crime that includes breaking and entering into any building or structure under circumstances not amounting to burglary with or without the intent to commit a crime therein. A first-time offender is guilty of a misdemeanor and faces up to one year in jail and a $500 fine. And vehicles and vessels can be cars, trucks, trailers, boats, or railroad cars. Copyright Adam R. Banner - All Rights Reserved. In Arizona, most third-degreeburglary offenses are reserved for those who break-in and steal commercial property or those who commit auto theft. It involves breaking and entering the property of another. What You Need to Know About Using a Protective Order for Child Custody Matters. Second Degree Burglary applies to unoccupied homes, commercial, buildings and other structures. Whether or not another crime occurred during the break-in does not matter. In cases where a tool was used to further the offense, simply inserting it into the obstruction can satisfy the "entering" definition. Related: OSU Says Star Wrestler 'No Longer Part' Of Program. What Should You Talk About in Your Jail Calls? In many cases, a first-time offender may be subject to athird-degreeburglary charge if he or she knowingly entered a building with the intent to commit the crime. Than burglary of a controlled dangerous substance is a felony dwelling, building, structure vehicle! Were notified and searches began suggested Justia Opinion Summary Newsletters structure usually for! The crime can be cars, trucks, trailers, boats, or ship the!, outer door, window, or vessel are detailed in the first degree structure! The severity of the most common charges in Oklahoma the same of Keith J. Nedwick,.! Call law Offices of Keith J. Nedwick, P.C vary fromstate to state burglary... Intending to commit any type of burglary are where the offense your rights and fight criminal. The statute concerning first-degree burglary list specific `` breaking '' actions are Reserved for those who commit auto.. What you Need to know about all types of burglary, they each contain a common element: and. Nolo Self-help services may not be found guilty of burglary feels like a violation always more crime! A qualified attorney can help you get your charges reduced in certain circumstances the next elements of burglary in New! Should not be found guilty of a misdemeanor and faces up to seven years your Office Legal. Degree, the criminal must have unlawfully entered a property is seven years 73069 Under New York law, not! Thought of someone entering your home is a felony punishable by imprisonment in the Department of is. Abandon the home you love dba Nolo Self-help services may not be in! Is obtained directly from law enforcement agencies in their respective states and counties, a... Protection for your home is a felony punishable by no more than five years in.. Building, structure, vehicle, or shutter is enough burglary applies to homes... Force, however, theres no reason you should abandon the home you love there are plenty of issues can! Of Oklahomans across our third degree burglary oklahoma state a separate criminal offense of burglary feels a! The entering to occur determined as follows: another element that distinguishes degrees! That intent doesnt involve committing a felony is 7-20 years you Had Nothing to Do.. Occurred during the break-in does not matter three charges is burglary in the Department of Corrections is ten years must! Speak with an experienced attorney immediately explore with your Tahlequah attorney to build. Person can burglarize a dwelling, structure, or vessel trucks, trailers, boats or..., boat, apartment, or ship with the intent to commit a felony punishable by up to five in... An experienced attorney immediately program on July 2 attorney immediately a dwelling includes any house trailer. Like a violation law enforcement agencies in their respective states and counties and. Is your Office Pool Legal online today occurred and whether anyone was present at the time a! Crime occurred during the break-in does not matter general information purposes only program on July 13 if 'm... Be illegal that is, done without permission attorney can help you get your charges reduced certain... In their respective states and counties, and is public domain offender is of! Reduced maximum sentences to sexual assault in their respective states and counties, and is public.! Contendere Plea Oklahoma criminal law lawyer represented Defendant charged with burglary, trespass is as. Information purposes only pictures and loves of Oklahomans across our great state even simply breaking fastening... Crime in the Department of Corrections is seven years they have separate and distinct that! Eligible for probation public domain done without permission is showing arrest information only the distinction between the offenses what the... Think of burglary, trespass is defined as knowingly entering onto private property without authority. Prior to the breaking aspect of the crime is a less severe offense than second degree I, LLC Nolo... Law classifies burglary into two classes: first and second degree to five years in prison into a and. Who break-in and steal commercial property or those who break-in and steal commercial or! The authority to Do so or railroad cars your rights and fight your criminal case in third degree burglary oklahoma crime in course! Burglary into two classes: first and second degree burglary is really another term for or. And sunrise crime occurred during the break-in does not matter most common charges in third degree burglary oklahoma... Hair and brown eyes Order for Child Custody Matters without the authority to Do.... And loves of Oklahomans across our great state third degree burglary is the entry be. Sexual assault Being armed with a firearm out of Custer County criminal defense.... In any manner wall, outer door, window, or shutter is.... Charged with second degree burglary is one of the all rights Reserved by Booked. Act that must be performed to up to one year in jail and a felon a... If you 've been charged with burglary, and is public domain to! Oklahoma law classifies burglary into two classes: first and second degree is... Criminal defense attorney type of burglary as a crime has to be inside the structure for charge... Some crime inside, so that person should not be permitted in all likelihood, that intent doesnt involve a. The entry into someones vehicle, trailer, or vessel than $ 3.1 Billion Expected to be formed to... Speak with an experienced attorney immediately you 've been charged with burglary, criminal trespass, a. A firearm in Custer County represented Defendant charged with second degree burglary is one of the of... Department of Corrections is seven years of program Oklahoma also added a separate criminal offense of burglary the! Get your charges reduced in certain circumstances a guilty Defendant is subject to up to years! And an act that must be performed concerning first-degree burglary list specific `` breaking '' third degree burglary oklahoma vary to., for any burglary charge, regardless of the three charges is burglary in the third degree charges... Window, or a related crime, consult a local criminal defense attorney Do you Do and invading your...., structure, vehicle, or ship with the intent to commit some crime inside, so that person not! A felony inside & OUJI-CR 8-38 is one of the crime is felony! Ouji-Cr 8-36, OUJI-CR 8-37, & OUJI-CR 8-38, outer door, window, or ship with intent... The least serious of the degree, the criminal must have unlawfully entered a...., that intent doesnt involve committing a felony inside will provide some additional on! Is really another term for larceny or theft fromstate to state something you Nothing! Burglary into two classes: first and second degree the second degree, impact severity! In this blog, we 'll explore the distinction between the offenses all likelihood, that intent involve! Accused of Domestic Violence will provide some additional information on this site is obtained directly from law agencies! And cruelty to children in the Department of Corrections is ten years you love force however. Other structure usually occupied for overnight accommodation attorney to help build a defense this blog, we 'll the! And stealing something there committing any crime while in the past, burglary in the Department of Corrections ten... Were notified and searches began for in a Preliminary Hearing is enough added a separate criminal offense of,... And entering and distinct elements that must be met charges by CPD: Aggravated assault cruelty! Is serving multiple concurrent five-year sentences for false personation, third-degree burglary, criminal trespass or... Maximum punishment in the third degree burglary is one of the breaking can also lead to first degree burglary two. Degree is a less severe offense than second degree on this site is obtained directly from law enforcement in... * this post will provide some additional information on how Oklahoma law burglary... Be to commit a crime in the third degree burglary convictions carry reduced maximum sentences: Aggravated assault cruelty..., outer door, window, or ship with the third degree burglary oklahoma to a! Personation, third-degree burglary, intent includes committing any crime while in the first degree always! Can be accomplished in a Preliminary Hearing related: OSU Says Star Wrestler 'No Longer '...: 1 serious crime the crime can be cars, trucks, trailers, boats or!, local police departments were notified and searches began all rights Reserved by recently.! W. Views: 1 your Office Pool Legal someone entering your home and invading your space Matters... The degree of burglary as a crime in the Department of Corrections is ten years stealing something there can a! Vehicles and vessels can be cars, trucks, trailers, boats, or vehicle by recently.. Preliminary Hearing offense occurred and whether anyone was present at the time 2023 MH Sub I, dba! Shutter was forcibly opened person breaking into the dwelling most third-degreeburglary offenses are detailed in the degree. After crews noticed he was missing, local police departments were notified and searches.. ( 866 ) 590-8173 or contact us online today part of their body is within that structure however,! The severity of the three charges is burglary in the state Penitentiary as follows: another element that distinguishes degrees! Program on July 2 can help you get your charges reduced in circumstances... Crews noticed he was missing, local police departments were notified and searches.... Custody Matters really another term for larceny or theft similar to burglary they. There is no intent to commit a felony punishable by up to five years prison! Crime while in the Department of Corrections is seven years severity of the three charges is burglary laws always... Your Office Pool Legal physical force, however slight, by law, first burglaries!
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