Trespass and Burglary
Trespass and Burglary involve entering into or remaining on someone else’s property without consent. Both of these crimes are routinely prosecuted in Kansas and Missouri courts, and the potential consequences range anywhere from a fine to imprisonment, or both! In the blink of an eye, the State can take away your money and your freedom. On top of that, you could have a stain on your record that will follow you everywhere you go. If you’ve been charged with trespassing or burglary, you’ll need nothing but the best criminal defense attorney to protect your rights.
Greg Watt’s experience as a former prosecutor will help you punch holes in the State’s claims against you! Greg regularly takes on trespassing and burglary cases and receives referrals from some of Kansas City’s largest law firms. Given his expertise, he knows exactly how to defend you!
You want to move on with your life, and we want you to do so as well. Ensure your rights are protected in the process by Contacting The Watt Law Firm here
Law and Consequences
Trespassing is entering or remaining on someone else’s property without authorization. The type of property can be a building, home, or land; Kansas trespass laws include vehicles as well. “Without authorization” means consent was either revoked or never given in the first place.
In Kansas, criminal trespass is a class B nonperson misdemeanor. A conviction will result in imprisonment for a minimum of 48 hours and a maximum of 6 months. You may also be fined up to $1,000. (Kan Stat. Ann. §§ 21-5808, 21-6602, & 21-6611)
Second degree trespassing is a strict liability offense. This means that you can be doing something wrong without even knowing it! If you are on someone else’s property without consent, you are trespassing in the second degree. This is an infraction, which can result in a fine of up to $200.
If, on the other hand, you are on someone’s property without consent, and you know it, you are trespassing in the first degree. This is a class B misdemeanor carrying with it up to 6 months imprisonment and a $500 fine. (Mo. Rev. Stat. §§ 569.150, 569.140, 558.011, & 560.016)
Even if you’re charged with Second Degree Trespassing in Missouri (fine only), don’t give the government money if you don’t have to.
Burglary is entering or remaining inside another person’s property without consent, and with intent to commit a crime therein. It is essentially Trespass + Intent to Commit another Crime.
In Kansas, the intended crime must be a felony, theft, or sexually motivated crime. The lengths of imprisonment depend on the type of property:
Dwellings – Severity Level 7, person felony (minimum 22 months)
Buildings or mobile homes – Severity Level 7, nonperson felony (minimum 15 months)
Vehicles – Severity Level 9, nonperson felony (minimum 7 months)
If the intent is to steal a firearm, it is considered a Severity Level 5, nonperson felony (minimum 38 months imprisonment).
Finally, if a person is inside the property, the crime charged is instead “Aggravated Burglary,” which carries with it imprisonment of at least 50 months (4 years, 2 months). (Kan. Stat. Ann. § 21-5807)
Like with many other crimes, Missouri breaks burglary down into two degrees.
Second degree burglary is knowingly entering or remaining unlawfully in a building or inhabitable structure for the purpose of committing any crime therein. This is a class C felony, which can result in as much as 7 months imprisonment and a $5,000 fine. (Mo. Rev. Stat. §§ 569.170, 558.011, & 560.011)
First degree burglary is committed when a deadly weapon is used, a person suffers or is threatened with imminent physical injury, or if a person is merely present within the structure during or immediately after the crime. This is a class B felony (5-15 years imprisonment).(Mo. Rev. Stat. §§ 569.160 & 558.011)
Missouri also criminalizes the possession of burglar tools. Burglar tools are items that are “adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises.” This is a very broad standard which could apply to almost any object! To be convicted of this class D felony, the person in possession must either intend to use the items to commit a burglary or know someone else will use the items during a burglary. A conviction for this crime can result in up to 4 months imprisonment and a $5,000 fine. (Mo. Rev. Stat. §§ 569.180, 558.011, & 560.011)
The stakes are high! Contact The Watt Law Firm here for a free consultation!