Kansas Burglary by Breaking and Entering
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FAQ
Burglary ? It is a felony to enter a house, business or vehicle with the intent of committing a theft. Burglarizing a house or apartment is a level 7 felony, while entering a business is a level 9 felony.
Kansas Statute for Burglary ? Article 58: Crimes Against Property. 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.
When the property being burglarized is inhabited by a human and/or burglarized with a weapon, including firearms, aggravated burglary charges will be prosecuted. This charge is more serious than a standard burglary offense and is considered a level 5, person felony.
While both involve illegal entry to a property, burglary requires a criminal intent beyond the unlawful entry, whereas breaking and entering does not. Burglary and breaking and entering are both serious offenses characterized by unauthorized access to private property.
Most theft charges in Kansas will result in a felony charge. Theft of $1,000 or more and/or if you have been convicted of theft two or more times you will be charged with a felony.
A conviction for a breaking and entering can be a 5th felony meaning it carries up to 12 months in prison and a fine of up to $2500.00. So, do not hesitate call an experienced attorney and see how we can help protect you or a loved one facing criminal charges.
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
To be considered trespassing, the person must have entered or remained on the property without the owner's consent or authorization. This means that the owner must have either revoked their permission for the person to be on the property, or the person was never given permission in the first place.
