PROPERTY CRIMES
COMMON PROPERTY CRIMES IN MISSOURI
BURGLARY
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.
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.
LARCENY/THEFT
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 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.
THINGS TO REMEMBER:
- The degree of theft depends almost entirely on the value of what was taken.
- The value can be argued to sometimes get a reduced charge.
CRIMINAL DAMAGE TO PROPERTY
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, let’s discuss property damage in the first degree. First-degree property damage is when you knowingly damage 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.
Next, let’s discuss property damage in the second degree. Second-degree property damage is when you knowingly damage the property of another. It is a Class B misdemeanor, punishable by up to 6 months in jail.
ARSON
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 when you knowingly cause damage to property that someone is inside or nearby by causing a fire or explosion. Also, that fire or explosion could have caused serious physical injury or death to the person that was inside or nearby the property. First-degree arson is also when you start 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. 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
THINGS TO REMEMBER:
- The degree of an arson charge comes down to whether or not someone was in danger of injury.
- Arson charges can be difficult to prove without the necessary witnesses.
TAMPERING WITH A MOTOR VEHICLE
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. Tampering with a motor vehicle in the first degree is classified as a Class D felony. Class D felonies carry a penalty of 1 to 7 years in prison.
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. Tampering with a motor vehicle in the second degree is classified as Class A misdemeanor unless you had plead guilty to tampering with a motor vehicle in the second degree before, then it is a Class E felony.
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