BURGLARY
BURGLARY
OVERVIEW
A burglary charge carries serious, life-altering consequences. In Missouri, the law treats burglary as more than just theft—it occurs when someone unlawfully enters or stays in a property intending to commit a crime inside. Prosecutors can file felony charges, and if the property was occupied or a weapon was involved, you could face significant prison time.
At The Hartley Law Firm, we understand that every case has two sides. Whether you’re facing a misunderstanding, a wrongful accusation, or a mistake that’s being blown out of proportion, we’re here to help you protect your rights and your future. With experience handling all levels of burglary charges, we know how to challenge the evidence, negotiate with prosecutors, and build a strong defense tailored to your situation.
If you’ve been arrested or believe you’re under investigation for burglary, time is critical. Contact us today for a confidential consultation.
WHAT QUALIFIES AS BURGLARY?
Missouri law defines burglary as knowingly entering or remaining in a building or inhabitable structure without permission, with the intent to commit a crime inside. You don’t have to steal anything or complete the intended crime — the law focuses on your intent at the time you entered or stayed inside the property.
Missouri law breaks burglary into two main degrees:
Burglary in the Second Degree (§ 569.170)
You commit second-degree burglary when you unlawfully enter or stay in a building with the intent to commit a crime. This offense is a Class D felony, and it can lead to prison time, probation, and a permanent criminal record.
Burglary in the First Degree (§ 569.160)
You face a first-degree burglary charge when certain aggravating factors are present. Prosecutors typically file this more serious charge if:
You carry a deadly weapon during the burglary,
You threaten or harm someone during the incident, or
Someone else is inside the building when you enter.
First-degree burglary is a Class B felony, which carries much steeper penalties, including a potential prison sentence of 5 to 15 years.
Burglary vs. Theft or Robbery
Many people confuse burglary with theft or robbery, but Missouri law treats each one differently:
Burglary involves unlawful entry with criminal intent — even if nothing gets taken.
Theft involves taking someone’s property without permission.
Robbery involves using force or threats to steal from someone directly.
If police accuse you of burglary in Missouri, you need to act quickly. Our defense team can analyze the charges, explain your options, and fight to protect your freedom.
DEGREES AND PENALTIES
Burglary charges in Missouri are classified into different degrees, each carrying serious legal consequences. The exact charge depends on the circumstances of the alleged offense—such as whether someone was present, if weapons were involved, or if the accused has a prior record.
Burglary in the First Degree – Class B Felony
This is the most serious burglary charge. Prosecutors may file first-degree burglary charges if the accused unlawfully entered or remained in a building and:
Someone was present at the time,
The accused was armed with a deadly weapon or explosives, or
The accused injured or threatened someone during the act.
Penalties: A conviction can result in 5 to 15 years in prison.
Burglary in the Second Degree – Class D Felony
Second-degree burglary involves unlawfully entering or remaining in a building with the intent to commit a crime inside, but without the aggravating factors of first-degree burglary.
Penalties: This charge can lead to up to 7 years in prison and significant fines.
Possession of Burglary Tools – Class E Felony
Merely possessing tools commonly used for breaking and entering—like crowbars, lock picks, or bolt cutters—with the intent to commit burglary can also lead to criminal charges.
Penalties: A conviction carries up to 4 years in prison.
Enhancements and Prior Offenses
If someone has prior felony convictions or if the alleged burglary involved violence or weapons, prosecutors may push for harsher penalties or upgraded charges. Missouri’s sentencing laws can also lead to mandatory prison time in certain cases.
COMMON SCENARIOS WE SEE
Burglary charges don’t always involve dramatic break-ins or masked intruders. Here are some of the most common scenarios we see:
Entering a Property Without Clear Permission
A person enters a home, garage, or business thinking they had permission—only to be accused of entering unlawfully. These situations often arise between acquaintances, roommates, or former partners.
Allegations During Domestic Disputes
Burglary charges sometimes come up in the middle of heated breakups or family conflicts, especially when someone enters a residence they used to share or believe they still have access to.
Caught on the Property After Hours
In past cases, law enforcement found our clients inside buildings—such as schools, retail stores, or abandoned structures—after hours. Even when they didn’t take or damage anything, prosecutors still pursued burglary charges based on alleged intent.
Mistaken Identity or False Accusations
In some cases, individuals are wrongly accused due to misidentification, faulty surveillance footage, or misleading witness statements. These cases require a strong defense to challenge the evidence.
Possession of Burglary Tools Without a Crime Occurring
Law enforcement sometimes stops and searches people carrying tools like crowbars or bolt cutters. If officers believe those tools were intended for a burglary, they can still file charges—even without an actual break-in.
DEFENSES AGAINST BURGLARY RELATED CHARGES
Being charged with burglary doesn’t mean you’re guilty. These cases often rely on assumptions about intent, identity, or ownership—and there are many potential defenses depending on the facts of your situation. Our job is to challenge the prosecution’s case and protect your rights every step of the way. Here are some of the most common defenses we use:
You Had Consent to Enter the Property
One of the key elements of a burglary charge is unlawful entry. If you had permission to be in the home, business, or property—or reasonably believed you did—the charge may not hold up in court.
You Did Not Intend to Commit a Crime Inside
Burglary charges require proof that you entered with the intent to commit a crime inside. If there’s no clear evidence of that intent, the prosecution may struggle to prove their case. Simply being present is not enough to convict.
Mistaken Identity or False Accusation
We’ve seen many burglary cases based on unreliable eyewitness accounts or grainy surveillance footage. If someone misidentified you, or if the evidence tying you to the scene is weak, we will fight to expose those flaws.
No Breaking and Entering Occurred
In some cases, charges are based on assumptions rather than facts. If you entered through an open door, or were already inside the building for another reason, we may be able to challenge whether a burglary actually occurred.
Illegal Search or Arrest
If police violated your rights during a stop, search, or arrest, we may be able to suppress key evidence. That can weaken the prosecution’s case or even lead to a dismissal.
Every case is different, and the best defense depends on the specific facts involved. If you’re facing a burglary charge, the sooner you speak with an experienced attorney, the better your chances of protecting your future.
HOW WE CAN HELP
Facing a burglary charge can be overwhelming—but you don’t have to face it alone. At The Hartley Law Firm, we bring experience, strategy, and results-driven advocacy to every case we handle. No matter the charge, we’re here to fight for you!
Here’s what we do for you:
1. Thorough Case Evaluation
We’ll start by reviewing the details of your arrest, the alleged conduct involved, and how law enforcement conducted the search or seizure. Our team looks for any legal flaws, rights violations, or procedural mistakes that could lead to a dismissal or suppression of evidence.
2. Build a Tailored Defense Strategy
No two cases are the same. We develop a defense strategy based on the specific facts of your case—whether that means arguing consent, challenging intent to commit a crime within, or arguing unlawful police conduct.
3. Negotiate on Your Behalf
In many cases, we can negotiate reduced charges, alternatives to jail, or entry into diversion program. Our relationships with local prosecutors and our knowledge of Missouri’s legal system give us a strong negotiating position on your behalf.
4. Relentlessly Fight for You in Court
If your case goes to trial, we’re ready to defend you in court. We have the trial experience and legal skill necessary to challenge the evidence, cross-examine witnesses, and advocate for a not guilty verdict.
5. Protect Your Rights and Your Freedoms
A conviction can affect your job, housing, education, and even your right to vote or own a firearm. Our goal is to help you avoid a criminal record or minimize the long-term impact of these charges on your life.
FREQUENTLY ASKED QUESTIONS
What’s the difference between burglary and robbery?
Burglary involves unlawfully entering a building with the intent to commit a crime inside—usually theft, but not always. Robbery, on the other hand, involves using force or threats to take property directly from another person. They are separate charges with different legal elements and penalties.
Can I be charged with burglary if I didn’t steal anything?
Yes. In Missouri, burglary charges are based on intent, not whether you actually stole something. If the prosecution believes you entered with the intent to commit a crime—even if nothing was taken—they can still pursue charges.
Is burglary always charged as a felony in Missouri?
Yes, burglary is typically a felony offense in Missouri. First-degree burglary is a Class B felony, and second-degree burglary is a Class D felony. Possession of burglary tools is also a felony. Each carries serious penalties, including prison time.
What should I do if I’m under investigation or have been arrested?
Don’t speak to law enforcement without a lawyer. Contact a criminal defense attorney as soon as possible. The earlier we get involved, the more we can do to protect your rights and start building a strong defense.
ATTENTION: Nothing in this article is meant to be construed as legal advice and does not constitute an attorney-client relationship. The choice of an attorney is an important decision and should not be based solely on advertisements.