Category: BURGLARY

WHAT YOU NEED TO KNOW ABOUT MISSOURI’S BURGLARY LAWS

  

BURGLARY LAWS

Burglary is one of the more common felony charges in Missouri, and it’s taken very seriously by prosecutors in Kansas City and across the state. But not all burglary charges are the same — the law distinguishes between different degrees of burglary depending on what happened and how dangerous the situation was.

If you or a loved one is facing a burglary charge in Kansas City or the state of Missouri, the experienced Kansas City burglary defense attorneys want to help. Call KC Defense Counsel today and let us explain how Missouri defines burglary, the penalties involved, and possible defenses.

WHAT IS BURGLARY IN MISSOURI?

Under Missouri law (RSMo 569.160 and §569.170), burglary means entering or remaining unlawfully in a building or inhabitable structure with the intent to commit a crime inside.

Important details: You don’t have to steal anything to be charged: just entering with the intent to commit any crime is enough.

  • The “building” can include houses, businesses, apartments, or even vehicles used for living (like RVs).

DEGREES OF BURBLARY

Missouri separates burglary into two main degrees:

First-Degree Burglary: This is the more serious form. It applies if, during the unlawful entry or while inside, any of the following occurs:

  • Someone is present inside the building.
  • You or an accomplice are armed with a deadly weapon.
  • You or an accomplice threaten or cause injury.

Penalty: Class B felony — punishable by 5 to 15 years in prison.

Second-Degree Burglary: This applies when you unlawfully enter or remain in a building with intent to commit a crime inside, but none of the aggravating factors for first-degree burglary are present.

Penalty: Class D felony — punishable by up to 7 years in prison and fines up to $10,000.

Related Crimes

Burglary is often charged alongside other crimes, such as:

  • Stealing (if property is actually taken).
  • Property damage (breaking a door, window, or lock to get in).
  • Trespassing (if prosecutors can’t prove intent to commit another crime).

DEFENSES TO A BURGLARY CHARGE IN MISSOURI

Possible defenses may include:

  • Lack of intent: You entered the property but did not plan to commit a crime.
  • Permission: You had consent to enter the property.
  • Mistaken identity: You weren’t the person involved.
  • Insufficient evidence: Prosecutors cannot prove unlawful entry or intent.

Because burglary requires intent, proving that element is often the key battleground in court.

WHY MISSOURI BURGLARY CHARGES ARE SO SERIOUS

Even second-degree burglary can send someone to prison and leave a permanent felony record. Burglary is also considered a crime of dishonesty, which can have long-term impacts on employment, housing, and professional licensing.

Missouri has two burglary charges:

  • first-degree (Class B felony)
  • second-degree (Class D felony).

You don’t have to steal anything to be charged — intent is enough. Penalties can mean years in prison and thousands in fines. Defenses often focus on lack of intent or lack of proof of unlawful entry.

CALL KC DEFENSE COUNSEL FOR A FREE CONSULTATION

At KC Defense Counsel, our affordable Kansas City criminal defense attorneys have defended clients in Kansas City facing both first- and second-degree burglary charges. If you’re accused, don’t wait —  prosecutors build these cases fast, and you need an experienced defense team on your side.

Every criminal case is unique, but one thing is always true — you need a lawyer who will fight for your future. At KC Defense Counsel, we combine aggressive courtroom strategies with personal, one-on-one attention to every client. We know Kansas City courts, the law, and the tactics prosecutors use, and we work tirelessly to level the playing field.

Don’t wait — call KC Defense Counsel today for a free, confidential case evaluation and start protecting your future and let us start protecting your freedom immediately.

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.

WHAT TO DO IF YOU’VE BEEN CHARGED WITH BURGLARY IN KANSAS CITY, MISSOURI

   

BURGLARY

Being charged with burglary in Kansas City is a serious legal matter that can have long-lasting consequences, including jail time, fines, and a permanent criminal record. Whether you are facing first-degree, second-degree, or aggravated burglary charges, taking the right steps immediately can make a significant difference in the outcome of your case.

But you’ve been charged. What should you do now?

HIRE AN EXPERIENCED KANSAS CITY CRIMINAL DEFENSE ATTORNEY

One of the most important things you can do after a burglary charge is to hire a qualified criminal defense attorney who has experience handling burglary and theft-related cases in Missouri. Burglary is classified as a felony offense, and the penalties vary depending on the circumstances of the alleged crime. A skilled criminal defense lawyer can explain the charges against you, assess the evidence, and develop a strong defense strategy tailored to your case.

An experienced burglary and trespass attorney in Kansas City may be able to challenge the prosecution’s case by questioning the validity of the evidence, disputing the intent element required for burglary, or negotiating for lesser charges or alternative sentencing options. Without proper legal representation, you risk facing the full force of the criminal justice system, which could result in harsh penalties.

AVOID TALKING TO POLICE WITHOUT LEGAL COUNSEL

After an arrest, law enforcement officers may try to question you about the alleged crime. However, it’s crucial to remember your constitutional right to remain silent. Anything you say to the police can be used against you in court, so it is always best to refrain from answering questions until you have spoken with an experienced Kansas City burglary and trespass attorney.

Many people make the mistake of thinking they can talk their way out of charges or clear up misunderstandings by cooperating with the police. However, prosecutors can use even seemingly innocent statements to build a case against you. Instead of speaking with law enforcement, politely but firmly state that you wish to remain silent and that you want to consult with your lawyer.

GATHER EVIDENCE AND IDENTIFY WITNESSES

If you have been wrongfully accused of burglary or there are mitigating circumstances surrounding your case, gathering evidence and identifying witnesses can be crucial to your defense.

Work closely with your Kansas City burglary lawyer to collect any evidence that may support your side of the story. But a paralegal can list down what types of evidence you can collect to help your case?

Alibi Evidence: If you were not at the crime scene is there any proof showing your location at the time of the alleged burglary can be critical? i.e. such as receipts, surveillance footage, or phone records.

Witness Testimonies: Are there any friends, family members, or other individuals who can confirm your whereabouts or provide other relevant information may help strengthen your defense?

Surveillance Footage: If the burglary took place at a business or home with security cameras, can footage be obtained which may help prove you were not involved?

A burglary charge is not something to take lightly, and the sooner you take action, the better your chances of building a strong defense. By hiring a defense attorney, exercising your right to remain silent, and gathering supporting evidence, you can protect your rights and work toward the best possible outcome in your case.

HIRE THE RIGHT KANSAS CITY BURGLARY AND TRESPASS ATTORNEY TODAY

Hiring a skilled and affordable Kansas City burglary lawyer after a burglary charge is crucial to understanding the charges, building a strong defense, and protecting your rights. An attorney can challenge weak evidence, prevent self-incrimination, and negotiate for reduced penalties or case dismissal. Legal representation increases your chances of securing the best possible outcome.

Contact the criminal defense attorneys at KC Defense Counsel today to discuss your case and start building your defense. Hiring the right Kansas City criminal defense lawyer is one of the most important decisions you can make when facing criminal charges.