Understanding Missouri’s Burglary Laws and Possible Defenses

When does a simple mistake become a serious felony? Imagine walking into a building to retrieve something you thought was yours — and suddenly you’re facing burglary charges. It happens more often than you’d think.

In Missouri, burglary isn’t just about stealing; it’s about where you were and why you were there. A misunderstanding, a bad decision, or even being in the wrong place at the wrong time can turn into a felony arrest.

At KC Defense Counsel, our experienced Kansas City criminal defense lawyers want you to know everything you need to know about Missouri burglary laws, what prosecutors must prove, and how a Missouri criminal defense attorney can help protect your rights.

If you’re facing burglary charges in Missouri, call us today and let us help begin building your defense.

HOW MISSOURI DEFINES BURGLARY CHARGES

Under Missouri law, burglary means entering or unlawfully remaining in a building or structure with the intent to commit a crime inside. The key word is intent — the state must prove you entered the property planning to commit another offense (usually theft, but not always).

There are two main degrees of burglary under Missouri Revised Statutes 569.160 and 569.170.

BURGLARY IN THE FIRST DEGREE (RSMo 569.160)

This is the more serious charge, classified as a Class B felony, and it applies when:

Someone was present in the building at the time of entry, and
You were armed with a deadly weapon, caused injury, or threatened harm.

Penalties include:

5 to 15 years in prison
Possible aggravated sentencing if a weapon was used or someone was injured

Even if no property was stolen, entering an occupied home or business under these conditions can trigger severe punishment.

BURGLARY IN THE SECOND DEGREE (RSMo 569.170)

This is a Class D felony, which still carries major consequences. You can be charged if you:

Enter or remain unlawfully in a building or structure, and
Have the intent to commit a crime inside (even something as minor as trespassing or vandalism).

Penalties include:

Up to 7 years in prison
Fines up to $10,000
A permanent felony record that affects jobs, housing, and more

What Prosecutors Must Prove: To convict you of burglary, the prosecution must show:

You entered or stayed in a building unlawfully; and
You intended to commit a crime once inside.

That second part — intent — is often where cases fall apart.

Prosecutors rely on circumstantial evidence, such as:

Time of day (late-night entry)
Tools found on you (like crowbars or lock picks)
Damaged doors or windows
Surveillance footage

But none of these automatically prove intent — which is exactly where your defense lawyer can step in.

WHAT ARE THE POSSIBLE DEFENSES AGAINST BURGLARY CHARGES IN MISSOURI?

An experienced Kansas City criminal defense attorney can build your case around one or more of these defenses:

Lack of Intent: If you entered a property by mistake or without criminal intent — for example, retrieving belongings or entering a friend’s home you thought was open — the charge may not hold.
Consent or Permission: If the property owner or tenant gave you permission to enter, even informally, it can negate the “unlawful entry” element.
Mistaken Identity: Security footage and witness statements are often unclear. Your lawyer can challenge whether you were actually the person involved.
Illegal Search or Arrest: If police searched your property or seized evidence without a valid warrant or probable cause, that evidence can be suppressed, weakening the prosecution’s case.
Intoxication or Misunderstanding: If you were impaired and lacked criminal intent, your attorney may argue that you didn’t have the state of mind required for burglary.

WHY A BURGLARY CONVICTION IS SO SERIOUS IN MISSOURI

A burglary conviction isn’t just about jail time. It can impact:

Employment: Most employers hesitate to hire anyone with a property or theft-related felony.

Housing: Landlords often deny applicants with burglary convictions.

Gun Rights: Felony convictions permanently strip your right to own or possess firearms.

Reputation: These cases can affect everything from custody disputes to credit applications.

That’s why fighting back with a strong legal defense is absolutely essential.

HOW THE RIGHT KANSAS CITY CRIMINAL DEFENSE LAWYER CAN HELP YOUR CASE

At KC Defense Counsel, our attorneys know how to expose weak evidence, challenge illegal police procedures, and negotiate with prosecutors for reduced charges or dismissal.

We can:

Analyze police reports for procedural mistakes
Gather witness statements or surveillance footage
Negotiate plea deals that avoid prison
Pursue diversion or expungement options to protect your record

Every burglary case is unique — and every defense strategy must be, too.

FACING MISSOURI BURGLARY CHARGES? CALL KC DEFENSE COUNSEL TODAY

Burglary charges can feel overwhelming, but an accusation doesn’t equal guilt.

Missouri’s laws are complex, and there are often multiple paths to protect your freedom and your name.

At KC Defense Counsel, we believe that everyone deserves a strong defense. Whether you’re facing a misdemeanor, felony, or federal charge, our Kansas City criminal defense attorneys are here to protect your rights and your future. We handle every case personally, giving you the focused attention you deserve. Our team understands the Missouri justice system and knows how to navigate it effectively to achieve the best possible outcome. From pre-trial negotiations to jury trials, we fight hard at every stage.

If you’ve been charged with burglary in Kansas City or anywhere in Missouri, call KC Defense Counsel today.

MAKE SURE YOU HAVE A TRUSTED MISSOURI DEFENSE ATTORNEY

Our affordable Kansas City criminal defense lawyers have successfully defended clients in felony burglary cases, helping them avoid convictions and rebuild their lives. We know how to challenge the state’s evidence, expose weaknesses, and fight for your future.

Don’t wait — contact KC Defense Counsel today for a free case evaluation today. With experienced Kansas City defense lawyers on your side, you can face your charges with confidence and start moving forward.

Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland, Drexel, Fairview, Ferrelview, Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview, Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill, Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy, Warrensberg, Weatherby Lake, and Weston.

Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.

Contact our experienced Kansas City criminal defense lawyers near me in Missouri and let us help begin building your defense. Let us help.

Disclaimer: This page is for informational purposes only and does not create an attorney-client relationship. Always consult qualified counsel regarding your unique situation.