BURGALRY
BURGLARY - K.S.A. § 21-5807 defines burglary as "knowingly and without authority entering into or remaining within any building or other structure with intent to commit a felony, theft or sexual battery therein.
In order to convict you, the state must prove that you:
1. Knowingly. That means they must establish your mental state at the time;
2. Without authority. There must not be lawful cause;
3. Entering into or remaining within. Even an ever so slight crossing into the property must be established, or remaining (ex. hiding within);
4. Building or other structure. This charge cannot stand without the entry/remaining being in an actual structure/building; and
5. With intent to commit a felony, theft or sexual battery therein. Proving that you intended to commit any felony, theft or sexual battery must be established.
BURGLARY PENALTIES - Kansas attaches stiffer penalties than some other states to burglary. It is often charged as a level 7 person felony if committed in a fixed structure like a home, with the potential for over three years in prison.
DEFENSES TO BURGLARY
Depending on your exact charges you may have any one of the following defenses available:
In order to convict you, the state must prove that you:
1. Knowingly. That means they must establish your mental state at the time;
2. Without authority. There must not be lawful cause;
3. Entering into or remaining within. Even an ever so slight crossing into the property must be established, or remaining (ex. hiding within);
4. Building or other structure. This charge cannot stand without the entry/remaining being in an actual structure/building; and
5. With intent to commit a felony, theft or sexual battery therein. Proving that you intended to commit any felony, theft or sexual battery must be established.
BURGLARY PENALTIES - Kansas attaches stiffer penalties than some other states to burglary. It is often charged as a level 7 person felony if committed in a fixed structure like a home, with the potential for over three years in prison.
DEFENSES TO BURGLARY
Depending on your exact charges you may have any one of the following defenses available:
- Lack of knowledge
- Lawful cause for entry or remaining
- No intent to commit a felony
- Building or structure was yours, and more.