Our burglary defense attorney at Kc Defense Counsel has years of experience in handling criminal charges in kansas city and across missouri. Our Burglary defense Lawyer can investigate the facts of your case and determine if there are grounds for dismissal of the charges or a good plea bargain. Burglary defense attorney has a good understanding of Missouri laws and dealt with many burglary case.
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 are usually complicated cases. These cases require an experienced criminal defense attorney to investigate the facts of a case and prepare all the possible defenses in the case. Some of the common defense to burglary in both first degree and second degree include; duress, insanity, lack of intent to commit a crime therein, and entry in the building or structure was lawful.
Getting charged with burglary in Kansas City and across Missouri is not something you should take lightly. If you're in the unfortunate situation of facing these charges, it doesn't mean the prosecutor can prove you're guilty. The prosecution must establish beyond a reasonable doubt that indeed you committed the crime of burglary. In order to be able to counter the evidence presented by the prosecution, you definitely need a qualified criminal defense attorney. It's almost impossible to battle charges on your own against a prosecutor who has unlimited state resources.