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.