BURGLARY

JEFFERSON COUNTY MISSOURI BURGLARY LAWYER

Burglary, Breaking and Entry, Intent to Commit Crime

Burglary is generally described as the unlawful entry into a building with the intent to commit a crime therein. Usually the associated crime is stealing, however any offense will suffice for a burglary charge. It is not required that the person physically break into the structure. Simply walking through an open door is enough to be charged with burglary. Burglary is completely different than robbery which requires the use or threat of force to take another person’s property. Also, the majority of burglaries occur when there is no one present.

Under Missouri law, in order to be convicted of burglary the State must prove:


  • An unauthorized breaking and entry;
  • Into a building or inhabitable structure;
  • With the intent to commit a crime inside.


Every one of these elements must be present for someone to be convicted of burglary. The “breaking and entry” element can be easily proven in cases where the defendant broke a window or kicked in a door and entered the structure. However, this element may also be proven by showing that the defendant walked through and open door or merely stuck his arm through a window. Also, the breaking and entry element may be proved by showing that the defendant gained entry to a structure through fraud or coercion.


In order to satisfy the “building or inhabitable structure” element, the State must prove that the structure was not abandoned and is capable of being used as shelter. Any home is obviously covered under this definition, as is any outbuildings, garages, sheds, etc. Stores and office buildings are also structures that meet this definition. In addition, if the building is one that normally allows access to the general public, it must be closed at the time of the entry. If someone enters a store and steals something during business hours the crime committed is stealing or shoplifting, not burglary. Also, if a person breaks into an abandoned building it would also probably not be considered burglary, but trespassing.


The final element that must be proven by the State in order to convict someone of burglary is that the person intended to commit a crime while there. Burglary is what is known as a specific intent crime. In other words, it requires not only proof that the person broke in, but that they specifically intended to commit a crime while they were there.

Different Levels of Burglary

  • Burglary in the First Degree

    A person commits the offense of burglary in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing an offense therein, and when in effecting entry or while in the building or inhabitable structure or in immediate flight therefrom, the person or another participant in the offense: (1) Is armed with explosives or a deadly weapon; or (2) Causes or threatens immediate physical injury to any person who is not a participant in the crime; or (3) There is present in the structure another person who is not a participant in the crime.


    Burglary in the first degree is a class B felony for which the authorized punishment is from 5 to 15 years in the Department of Corrections.

  • Burglary in the Second Degree

    A person commits burglary in the second degree when he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein. What makes this offense different from burglary first is that no one need be home at the time of the burglary and the burglar need not be armed. Burglary in the second degree is a class D felony for which the authorized punishment is up to 7 years in the Department of Corrections and/or a fine of up to $10,000.

  • Possession of Burglar’s Tools

    A person commits the offense of possession of burglar’s tools if he or she possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using the same in making an unlawful forcible entry into a building or inhabitable structure or a room thereof. Possession of burglar’s tools is a class E felony for which the authorized punishment is up to 4 years in the Department of Corrections and/or a fine of up to $10,000.

  • Missouri Burglary Attorney

    Being charged with burglary is a very serious matter that demands the attention of an experienced and reliable lawyer. As with any crime you are presumed innocent and to be convicted the State must prove your guilt beyond a reasonable doubt. As a former prosecutor, Steve Lednick knows how the case against you will be built and how it will proceed. He will fiercely fight for you while at the same time skillfully negotiating with the prosecution for lessened charges or even a dismissal. We will formulate a defense strategy based on a thorough investigation that considers all possible defenses to a burglary charge, including, alibi, consent of the property owner, failure of investigators to follow procedures, and bad forensics.

    The offense of forgery is a class D felony.

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