All offenses of Burglary are charged as felonies in the state of Missouri. At common law, burglary required the crime to occur at nighttime, and be someone’s residence. The modern burglary statute has extended to include buildings which are not residences, and the break in does not have to occur at night. For a free consultation with a Missouri criminal defense attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
Elements of the Offense
A person commits Burglary when they unlawfully enter or remain in a building or inhabitable structure with the intent to commit a crime therein. Burglary is charged as a more severe offense when there is force or a deadly weapon involved, which will be discussed in greater detail below.
Unlawfully enters or remains in a building
The prosecution can satisfy this element by proving that a person knowingly and unlawfully enters, or remains in a building. Of course, breaking in to a building is a rather blatant example of this, but acts with less culpability can give rise to a charge as well. An example of this would be going into an “employees only” area of a building, or even hiding in the bathroom until a store closes, for the purposes of emerging and committing a crime thereafter.
With the intent to commit a crime therein
Burglary is more than a mere trespass, rather the offense of burglary is committed when an individual enters with the intent to commit a crime. Typically, the crime someone intends to commit is a stealing-related offense, but other crimes such as assault or property damage may suffice.
With a deadly weapon, if force is threatened, or if a non-participant is present (first degree)
If force is threatened or a deadly weapon is present in the course of a burglary, the charges may be enhanced from the burglary in the second degree to burglary in the first degree.
Severity of the Offense
Depending on the circumstances of the offense, burglary will be charged either as a Class D Felony, or a Class B Felony. A Missouri criminal defense attorney may be able to negotiate with the prosecutor to have charges dismissed or dropped depending on the evidence against you.
Burglary in the second degree
Burglary in the second degree is charged as a Class D Felony, with a maximum sentence of up to four (4) years in prison. This severity level is often charged unless there was an element of violence or force involved.
Burglary in the first degree
First degree burglary occurs when a person commits a burglary and they are armed with a deadly weapon, they cause or threaten immediately harm to someone in the course of the burglary, or even if there is just a non-participant present in the structure at the time of the crime. Burglary in the first degree is a Class B Felony, which carries a prison sentence of not less than five (5) and not more than fifteen (15) years in the department of corrections.
The Takeaway
Despite a grim outlook, it is not impossible to beat a Burglary charge in Missouri. A skilled criminal defense attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.
