Burglary Lawyer in Kansas City, Missouri

Burglary Lawyer in Kansas City, MO

Burglary is often misunderstood because many people assume that it only happens in theft cases. However, burglary charges frequently factor into cases where someone is accused of entering another’s property to commit or attempt to commit a crime.

The criminal defense lawyers at Combs Waterkotte have over 80 years of experience defending people accused of serious crimes. We can provide a tailored legal defense to help you seek a positive outcome in your case.

What Is Burglary Under Missouri Law?

At one time, burglary was limited to unlawfully entering another person’s dwelling at night. The idea was that this type of entry was almost always nefarious and posed a significant risk that a harmful or even fatal confrontation could occur.

Missouri, however, defines burglary more broadly. The state’s legal code removed the requirement that the location be a dwelling. As a result, someone could face this charge for entering a garage or office building. Moreover, the offense can happen at any time of day.

Burglary and Related Offenses in the Missouri Revised Statutes

Burglary is categorized as a property crime in the Missouri Revised Statutes. The goal of codifying this offense is to protect the sanctity of buildings and structures from those who commit or intend to commit a crime within.

The offense of trespassing serves a similar purpose and is often available as a reduced charge during plea negotiations. As such, anyone caught entering someone else’s property must understand both types of offenses to make an informed decision about their defense strategy.

First-Degree Burglary in Kansas City

First-degree burglary is a Class B felony in Missouri. It occurs when someone unlawfully enters or knowingly remains in a building or an inhabitable structure for the purpose of committing a crime.

The crime may include theft, but any other crime would also fit the definition. For example, someone who broke into another person’s apartment to kill them might face both murder and burglary charges.

To prove the charges, prosecutors must have evidence of at least one of the following circumstances:

• The structure or building was occupied
• The accused was armed with a deadly weapon or explosives
• The accused caused or threatened to cause immediate physical injury to a non-participant in the crime

Deadly weapons include loaded or unloaded firearms, projectile weapons, billy clubs, switchblades, and metal knuckles.

Second-Degree Burglary in Kansas City

Second-degree burglary includes any unlawful entry into a building or structure to commit an offense where the aggravating circumstances needed for a first-degree charge are missing. It also covers any unlawful entry into a motor vehicle to commit theft or another felony.

Based on this definition, reaching into someone else’s car to take something would constitute this offense. But again, the charge isn’t limited to stealing. Opening someone’s car door and pulling them out of the vehicle to hit them could also justify this charge.

Finally, Missouri’s statute states that this offense can take place in commercial businesses that are otherwise open to the public when someone enters a restricted area to commit a crime.

A restricted area might include the spaces company personnel ordinarily use to store money or other property, as well as areas marked with signs barring public entry. Therefore, entering a shop’s stockroom might result in a second-degree charge even if the store was otherwise open to the public.

Second-degree burglary is normally a Class D felony. However, the charge may be elevated to a Class C felony if the perpetrator possessed a firearm or stole a firearm when entering a motor vehicle. The offense level drops to a misdemeanor when the perpetrator enters a restricted area of a commercial business.

Unlawfully Gaining Entry Into a Motor Vehicle in Kansas City

Unlawful entry into a motor vehicle is a reduced charge brought when the accused allegedly tried the doors or locks of multiple vehicles to gain entry.

This offense is punished as a Class A misdemeanor rather than a felony. That means a criminal defense attorney may seek a reduction in their client’s charges if the evidence shows that they simply lifted door handles rather than trying to jimmy, pick, or break vehicle locks.

Possession of Burglar's Tools in Kansas City, MO

Missouri law forbids the possession of burglar's tools. These include any instrument designed to gain forcible entry into premises.

However, simply owning a lockpick or bolt cutters isn’t enough for a conviction. To prove this offense, the prosecution must present evidence that the accused intended to use the tools to gain unlawful forcible entry into a building or an inhabitable structure.

Law enforcement may cite this offense to charge individuals they suspect of burglary but lack the evidence for a conviction. In other words, the charge can be used to hold someone during an investigation into whether they committed burglary.

It may also be brought when the police capture someone who is acting suspiciously near a building while possessing burglar’s tools. And it may be stacked on top of burglary charges to increase the prosecution’s leverage in plea negotiations.

Trespassing in Kansas City, MO

Someone trespasses when they knowingly enter or remain on someone else’s property unlawfully. The pivotal difference between burglary and trespass is that trespass doesn’t require proof that the accused intended to commit a crime after entering the property.

For this reason, trespass can occur when someone enters or remains in a building out of curiosity or a desire to annoy without any criminal intent. For example, second-degree trespass might happen in a shop when the accused refuses to leave after being asked to do so.

Prosecutors might agree to reduce a charge of burglary to trespass when they can prove entry into the property but lack evidence of the intent to commit an underlying crime.

Criminal Mischief in Kansas City, MO

Criminal mischief is similar to trespass but is limited to unlawfully entering or remaining in residential buildings. This charge doesn’t require proof of intent to commit an underlying crime and, therefore, may be sought as part of a plea deal.

Possible Defenses to Burglary Charges in Kansas City, MO

When defending you against your charges, your criminal defense lawyer may call upon any of the following legal strategies.

No Underlying Crime

A conviction for burglary requires proof that you committed or intended to commit a crime after gaining illegal entry into a building or structure. If prosecutors lack proof of intent, your Missouri criminal defense attorney can argue that you didn’t commit the charged offense.

For instance, suppose that you entered a restricted area of a restaurant to take photos. You might have committed trespass, but you’d likely have a defense against burglary charges.

Consent

Consent from the property owner may overcome burglary charges since a crucial element of the offense is unlawful entry. If you had the property owner’s permission, your entry wasn’t unlawful.

Lack of Intent

Prosecutors must prove that you knowingly entered the premises unlawfully. “Knowingly” means your actions were deliberate. If you ended up in a building because someone pushed you inside, you didn’t act knowingly.

This standard might even help you avoid a conviction if you made a reasonable mistake.

Suppose that your boss told you to go to their storage unit and retrieve some tools. However, you accidentally entered the wrong unit and took someone else’s tools. Your defense attorney could argue that you lacked the intent to commit burglary because you didn’t knowingly enter the wrong property unlawfully.

Penalties for Burglary and Related Convictions in Kansas City, MO

A conviction for burglary or a related offense could include the following sentences: