First-Degree Burglary Lawyer Kansas City, MO

First-Degree Burglary in the Missouri Revised Statutes

The Missouri Revised Statutes define first-degree burglary to occur when someone knowingly and unlawfully enters or remains in a building or an inhabitable structure to commit an offense. Additionally, prosecutors must prove that at least one of the following aggravating circumstances occurred during the entry, while in the building, or while fleeing the crime scene:

• The accused or an accomplice was armed with explosives or a deadly weapon
• The accused or an accomplice injured or threatened injury to a non-accomplice
• The building or structure was occupied by a non-accomplice

Keep in mind that burglary requires entry into a building or an inhabitable structure. Crossing onto someone’s land is not burglary, even if the accused intends to commit a crime.

What Is a Building or Inhabitable Structure in Missouri Law?

Inhabitable structure means any vessel, vehicle, or structure where any of the following can occur:

• A person lives or carries on business
• People assemble for business, government, education, religion, entertainment, or public transportation
• People can be accommodated overnight

The definition specifically states that a vehicle, vessel, or structure can be inhabitable even if it is currently uninhabited.

As a result, any of the following could be considered an inhabitable structure, whether they are occupied or vacant:

• Single-family house
• Multi-family house, such as a duplex
• Manufactured home
• Apartment, townhouse, or condominium
• Hotel
• RV
• Travel trailer
• Tent
• Houseboat
• Office or office building
• Church
• School
• Store
• Mall
• Movie theater
• Museum
• Arena or stadium
• Bus or streetcar

Additionally, if a structure is divided into units, any unit not occupied by the accused is considered the inhabitable structure of another. Renting a hotel room, for example, does not give the accused the right to enter other hotel rooms.

The term “building” is not defined in Missouri’s criminal code, so a court will likely use its ordinary meaning when interpreting the statute. Building typically means any permanent structure with walls and a roof. This word supplements the term “inhabitable structure” by covering buildings that are not inhabitable.

Some locations that might be considered buildings include sheds, garages, carports, barns, and storage units.

Unlawfully Entering or Remaining in Missouri

Burglary happens when someone unlawfully enters or remains in a structure. This means that the accused did not have express or implied permission to enter the building or inhabited structure.

Express permission is granted by the person who owns or occupies the location. Notably, someone can unlawfully enter a portion of a building or inhabited structure, even if other parts are open to them. For instance, unlawful entry can occur if you enter a storeroom marked “Employees Only.”

Implied permission is when the owner or occupier does not expressly permit entry, but the law presumes that they would if asked. Firefighters have implied permission to enter a building or structure that is on fire.

Someone unlawfully remains when the person stays somewhere after their permission to be there expires. Hiding in a bathroom to stay in a store after closing would likely count as unlawfully remaining.

Aggravating Circumstances Under Missouri’s Statutes

For a first-degree charge, aggravating circumstances are required, such as the use of an explosive. An explosive is any chemical compound, mixture, or device that has a primary purpose of causing an explosion, including these devices:

• Dynamite and high explosives
• Blasting agents
• Pellet powder
• Detonators, detonating cords, safety fuses, and other initiating explosives
• Igniters and igniter cords
• Squibs

It’s important to note that the explosive doesn’t have to be intended for use against people or the building. Even a small amount of explosive substance to open a safe could satisfy the aggravating factor.

Deadly weapons include the following devices:

• Loaded and unloaded firearms
• Projectile weapons capable of causing death or serious physical injury
• Switchblades
• Daggers
• Billy clubs
• Blackjacks
• Metal knuckles

The weapon does not need to be used to trigger this charge. Having one of these in your pocket during a break-in can satisfy the aggravating factor.

Finally, a physical injury means any impairment of a body part’s function, no matter how slight. As a result, someone who suffered a bump on the head or a bruised arm in the process of a break-in could satisfy this factor.

Potential Defenses Against Kansas City, MO, First-Degree Burglary Charges

The criminal defense strategy our team uses to advocate for you will be personalized to your particular needs, but here are some common strategies we may leverage:

Lack of Intent

Prosecutors must prove that you acted knowingly. If the entry was accidental, you lacked the intent required for this offense. Suppose that you lost control of your motorcycle and crashed through the wall of someone’s shed. Even though you entered, you did not do so knowingly.

Lack of intent can also constitute a defense when you enter or remain for a reason other than committing a crime. For example, if you entered an abandoned house just to take pictures, we could argue that while you trespassed, your actions didn’t constitute burglary.

Claim of Right

You can only burglarize a building or structure when you have no legal right to be there. You usually still have a right to be somewhere if you share that right with someone else.

For example, suppose that you are separated from your spouse. Your spouse tells you to leave the jointly-owned house, and you refuse. If you co-own the home, you have the right to be there and, thus, cannot commit burglary.

However, keep in mind that this defense might not apply when a court has ordered you not to enter a home you own. If a court has issued temporary divorce orders or a domestic violence restraining order to stay away from the family home and you enter it anyway, you could face burglary charges.

Necessity

A necessity defense could arise when you need to break the law to protect your life or safety. For example, suppose you were hunting in a snowstorm. You broke into someone’s cabin for shelter because you could not find your vehicle. In addition to claiming that you lacked the intent to commit an offense inside, you can also argue that you needed shelter from the storm.

Potential Penalties for First-Degree Burglary in Kansas City

Burglary in the first degree is a Class B felony, punishable by 5 to 15 years in prison. By comparison, second-degree burglary is typically a Class C felony that comes with three to ten years in prison. We may work to disprove the aggravating factors alleged by the prosecutors so that you could serve a significantly shorter sentence.

Similarly, first-degree trespassing is typically a Class B misdemeanor, subject to up to six months in jail. If we disprove that you intended to commit a crime after unlawfully entering, your sentence could end in just a few months.