PRPOPERTY CRIMES

Being Charged with Property Crimes in Missouri: What You Need to Know

Being charged with a property crime in Missouri can lead to significant legal consequences, ranging from fines to lengthy prison sentences, depending on the nature and severity of the offense. Property crimes involve the unlawful destruction, theft, or damage of someone else’s property, and Missouri law takes these crimes seriously. Understanding the types of property crimes and their potential penalties is crucial if you are facing such charges.

Common Property Crimes in Missouri

Missouri law defines several types of property crimes, each carrying different penalties based on the circumstances of the offense. Some of the most common property crimes include:

1. Burglary (RSMo 569.160 – 569.170)

   • Burglary involves entering a building or structure with the intent to commit a crime, typically theft, but also including other crimes like assault, property damage, or harassment.
   • First-degree burglary is defined as knowingly entering or remaining in a building or dwelling with the intent to commit an offense therein and while doing so, that person is armed with a deadly weapon, threatens harm to someone therein, or another person who is not a participant in the offense is present inside the structure. First degree burglary is a Class B felony, punishable by 5 to 15 years in prison. (569.160).
   • Second-degree burglary is defined as knowingly entering unlawfully or remaining in a building or dwelling with the intent to commit a crime therein. Second degree burglary is a Class D felony, punishable by 1 to 7 years in prison. (569.170)

2. Larceny/Theft (RSMo 570.030)

   • Theft involves taking someone else’s property or services with the intent to permanently deprive them of it. The value of the stolen property or the type of property stolen determines the severity of the charge:
     • Class A misdemeanor: Theft of property valued at $749 or less.
     • Class D felony: Theft of property valued between $750 and $25,000.
     • Class C felony: Theft of property valued over $25,000.
     • Class B felony: Theft of any amount of anhydrous ammonia or liquid nitrogen or if the property is considered livestock or if the property is a motor vehicle, water vehicle, or aircraft, and the accused has previously been found guilty of theft two times in the previous ten years. 
     • Class A felony: Theft of any of the following if they contain any amount of anhydrous ammonia: a tank truck, tank trailer, rail tank car, bulk storage tank, field nurse, field tank, or field applicator.

3. Criminal Property Damage (RSMo 569.100 – 569.120)

   • Property Damage refers to knowingly damaging or defacing someone else’s property. This could involve graffiti, breaking windows, breaking a phone, or damaging vehicles.
   • First-degree property damage is defined as knowingly damaging the property of another to the extent that the damage exceeds $750. Property damage in the first-degree is a Class E felony, punishable by up to 4 years in prison. (569.100)
   • Second-degree property damage is defined as knowingly damaging the property of another. It is a Class B misdemeanor, punishable by up to 6 months in jail. (569.120)

4. Arson (RSMo 569.040 – 569.050)

   • Arson is the act of knowingly causing damage to a building or inhabitable structure by starting a fire or causing an explosion. Missouri law distinguishes between various degrees of arson:
     • First-degree arson is defined as knowingly causing damage to property that someone is inside or nearby by causing a fire or explosion and that that fire or explosion could have caused serious physical injury or death to the person that was inside or nearby the property. (569.040)
     • First-degree arson is also defined as starting a fire or an explosion in an attempt to produce methamphetamine. First-degree arson is a Class B felony, UNLESS the person in or nearby the property actually sustains serious physical injury or dies, in which case it would be a Class A felony punishable by 10 to 30 years in prison or life.
     • Second-degree arson is defined knowingly causing damage to a building or inhabitable structure by starting a fire or causing an explosion. (569.050)
     • Second-degree arson is a Class D felony, punishable by 1 to 7 years in prison, unless someone sustains serious physical injury or dies due to the fire or explosion, in which case it is a Class B felony, punishable by 5 to 15 years in prison.

5. Tampering with a Motor Vehicle (RSMo 570.080 – 570.090)

   • Tampering with a motor vehicle is knowingly stealing, possessing, or selling a motor vehicle belonging to someone else. Missouri law distinguishes between two degrees of tampering with a motor vehicle. 
   • First-degree tampering is defined as knowingly receiving, possessing, selling, or unlawfully operating the motor vehicle, watercraft, or aircraft of another without his or her consent. (570.080)
   • Second-degree tampering is defined as tampering with the property of another for the purpose of causing substantial inconvenience to that person or another person. (570.090)
   • Tampering with a motor vehicle in the first degree is classified as a Class D felony, which can carry a penalty of 1 to 7 years in prison.
   • Tampering with a motor vehicle in the second degree is classified as Class A misdemeanor unless the accused has been previously found guilty of tampering in the second degree, then it is a Class E felony.

Defenses Against Property Crime Charges

If you are charged with a property crime in Missouri, there are several defenses that may be available, depending on the specifics of your case:

• Lack of Intent: If you did not intend to commit the crime (for example, if you accidentally took property without realizing it was someone else’s), this could be a defense.
• False Accusations: In some cases, you may be falsely accused of committing a property crime, and there may be evidence that can prove your innocence, such as an alibi or lack of forensic evidence.
• Mistake of Fact: If you honestly believed you had permission to take or use the property, this could negate criminal intent.
• No Evidence: If the prosecution cannot prove that you committed the property crime beyond a reasonable doubt, the charges may be dropped or result in an acquittal.

Importance of Legal Representation

Being charged with a property crime in Missouri can lead to serious legal consequences, including fines, restitution, and incarceration. It is important to have skilled legal representation to navigate the complexities of property crime charges. An experienced criminal defense attorney can help investigate the facts of your case, identify potential defenses, negotiate plea deals, and work toward a favorable outcome.

Property crimes may seem less severe than violent offenses, but they can still have long-lasting consequences on your criminal record and future. Whether you are facing a misdemeanor theft charge or a felony burglary charge, understanding your rights and options is critical to protecting your future. Call my office today for a free case consultation.