Burglary Defense Lawyer in Kansas City, Missouri

Our burglary defense team at KC Defense Counsel has years of experience handling criminal charges in Kansas City and across Missouri. We can investigate the facts of your case, evaluate the evidence, and determine whether there are grounds to seek dismissal or pursue a plea bargain. Our burglary defense lawyer understands Missouri laws and has experience handling burglary cases.

Contact our attorneys to set up your free consultation. If you are facing a burglary charge, our criminal defense team can review the circumstances of your case and discuss the legal options available to you.

First degree and second degree burglary in Missouri

According to Missouri laws, burglary is considered a serious crime that comes with substantial penalties. Burglary is one of the most misunderstood crimes as people often confuse burglary with robbery or theft.
Missouri divides burglary into first degree burglary and second degree burglary. The two classes have significant differences including punishment disposition for each of them. A person commits the offense of burglary in the first degree if he or she knowingly and unlawfully enters or knowingly and unlawfully remains in a building or inhabitable structure with the intention of committing an offense , and when it the course of entry or while in the building or inhabitable structure or in immediate flight therefrom, the person:
(i) is armed with explosives or a deadly weapon or dangerous instrument;

(ii) threatens to cause or actually causes immediate physical injury to any person who is not participant in the crime;

(iii) a person who isn’t participating in the crime is present whether the defendant knows of the person’s presence or not.

Burglary in the first degree is considered a Class B felony under Missouri laws and comes with imprisonment for up to 15 years.

Second degree burglary

A person commits the offense of burglary in the second degree if he or she knowingly and unlawfully enters or remains in a building or inhabitable structure with the intention of committing a crime therein. This could be a vacant structure, watercraft, vehicle, or railroad car. The offense of burglary occurs as soon as the defendant unlawfully gains entry into a building or structure, even if the intended crime does not occur. Burglary in the second degree is a Class D felony which comes with a punishment of imprisonment for up to 7 years. Upon the evaluation of facts of a case involving second degree burglary, a court can decide to sentence a defendant to one year in the county jail. But if the court imposes a sentence exceeding one year, the defendant is sent to the Department of Corrections.

Obtain legal assistance

Felony burglary cases in Kansas City Missouri are usually complicated. These cases require an experienced criminal defense attorney to investigate the facts and prepare all possible defenses. Common defenses to burglary in both first and second degree include duress, insanity, lack of intent to commit a crime, and lawful entry into the building or structure.

Getting charged with burglary in Kansas City and across Missouri is not something you should take lightly. Facing these charges doesn’t mean the prosecutor can prove you’re guilty. The prosecution must establish beyond a reasonable doubt that you committed the crime of burglary. A qualified criminal defense lawyer can review the evidence against you and help you understand your defense options. It’s extremely difficult to fight charges on your own against a prosecutor with unlimited state resources.