Trespass and Burglary
Trespass and Burglary involve entering 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, allegations like these can cost you everything. To make matters even more complicated, you may have to live life with a conviction on your record. If you’ve been charged with trespassing or burglary, you must retain the best criminal defense attorney in Kansas City.
Greg Watt’s experience as a former prosecutor may be the necessary advantage needed to pull you through this tough time. Because of his reputation in Kansas City, Greg is routinely referred these types of cases from some of Kansas City’s largest law firms. These types of cases are serious and those that want the best call The Watt Law Firm, first.
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 may 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)
In Missouri, second degree trespassing is a strict liability offense. If you are on someone else’s property without consent, you are trespassing in the second degree. This is an infraction, which may 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 $1,000.00 fine. (Mo. Rev. Stat. §§ 569.150 & 560.016)
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 D felony, which can result in as much as 7 years imprisonment and a $10,000 fine. (Mo. Rev. Stat. § 569.170)
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 the crime. This is a class B felony which could result in a prison sentence of up to 15 years. (Mo. Rev. Stat. § 569.160).
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. To be convicted of this class E 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 may result in up to 4 years imprisonment and a $10,000.00 fine. (Mo. Rev. Stat. § 569.180).
The stakes are high! Contact The Watt Law Firm here for a free consultation!