Accused of Burglary?
If somebody is charged with burglary, that means they’re accused of going into a building to commit a crime. Lots of times those crimes involve stealing or assault.
Even if you were originally invited to the home, say for a party, and you had no intention of committing a crime, it can become burglary if your intentions change and a crime takes place.
Prosecutors tend to charge the highest crime they can think of. A lot of times that burglary charge is a higher level crime than stealing or assault, so they will try to charge the bigger crimes so they have more room to negotiate. It can get really complicated, and you have to look into the details of the case to figure out whether or not burglary really applies.
If someone is accused of burglary, or any crime, the very first thing you should do is talk to an attorney. Because that attorney is going to be able to turn around and look at what actions need to be taken right away to minimize the damage.
Lots of times burglary charges come along with assault. If you are accused of assaulting somebody in a home, the very first thing you need to do is cut off contact with that person. Talking to them could be witness tampering and lead down a road you just don’t want to go down.
Additionally some counties charge burglary whenever if you go into a Walmart and commit stealing. If you’re accused of burglary by Walmart or any other store; don’t go to that store. They have video cameras and if they catch you going back that can be used against you. And that means any store in that company. Because one Walmart means all Walmarts; one Target means all Targets.
A whole new dynamic comes with family. The very best advice we can give is go talk to an attorney. Between the time of the alleged offense and talking to an attorney, don’t talk to the alleged victim. That could make things worse. An attorney can give you good advice on the steps to take to keep you out of trouble going forward.
Recently the state statute related to burglary was updated, changing from “inhabitable structure” to “building.” So there is actually case law that says burglary can happen in a parking garage. That makes it very important to have an attorney look into the details as to whether or not it’s a structure they can actually charge burglary under.
BURGLARY – FIRST DEGREE STATUTE
Citation: MO Rev Stat § 569.160
569.160. Burglary in the first degree — penalty. — 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.
BURGLARY – SECOND DEGREE STATUTE
Citation: MO Rev Stat § 569.170
569.170. Burglary in the second degree — penalty. — 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.
PENALTY OF CONVICTION
Burglary in the first degree is a very serious crime. As a class B felony, entering a building with the intent to injure someone can be charged with 15 years in prison. A person who is found inside a building with the intent of committing a crime can be charged with a maximum of seven years in prison.