KANSAS BURGLARY & AGGRAVATED BURGLARY
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.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.