Burglary



BURGLARY

There are two types of burglary in Missouri, burglary in the 1st degree and burglary in the 2nd degree. 


Burglary in the first degree--penalty.
569.160. 1. 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.

2. The offense of burglary in the first degree is a class B felony.
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17

Burglary in the second degree--penalty.
569.170. 1. A person commits the offense of 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.

2. The offense of burglary in the second degree is a class D felony.
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17

Possession of burglar's tools--penalty.
569.180. 1. 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.

2. The offense of possession of burglar's tools is a class E felony.
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17

Both types of burglary involve entering a building with the intent to commit a crime therein. Some of the major differences between the two are that burglary in the first degree states there was an individual person located inside the building and/or a weapon is used. Burglary in the second degree states that no one was present during the time of the alleged crime.  
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The most common form of burglary would when be an individual breaks into a home without permission from the homeowner in order to steal items of value from inside the home. This charge provides an opportunity for a very slippery legal slope if the accused is found to be in possession of something that could be defined as a ‘weapon’. Therefore, two of the most important things to investigate as an attorney on a burglary case are to establish whether or not an accused can be properly identified as the individual suspected of the crime and what the mental state of the accused was during their alleged actions.  

Remember, often times an individual is identified by the police as the proper suspect through interrogation and confession. Law enforcement will begin by asking questions like your whereabouts, who you were with, why were you in the area and then try to build their case against you as a suspect. This is why it is very important, that if you find yourself in similar circumstances or the authorities want to discuss a case with you or question you about a similar circumstance that you politely invoke your right to remain silent, request an attorney, and contact Boehmer Law as soon as possible. At Boehmer Law we have handled numerous of these types of cases and we can help you.
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