Kansas Burglary by Breaking and Entering is a criminal offense defined as the act of unlawfully entering a structure with the intent to commit theft, a felony, or an assault. This offense entails breaking or forcibly opening the entrance, such as a door or window, to gain unauthorized entry into a building or dwelling. In Kansas, there are two primary types of Burglary by Breaking and Entering: residential burglary and non-residential burglary. Residential burglary refers to the act of unlawfully entering an occupied or unoccupied dwelling, such as a house or apartment, with the intent to commit a crime. This crime is considered more severe due to the invasion of a person's private space and the higher risk it poses to the occupants. The penalties for residential burglary are typically harsher than for non-residential burglary. Non-residential burglary, also known as commercial burglary, involves unlawfully entering structures other than dwellings, such as businesses, offices, or public buildings, with the intent to commit a crime. Though these crimes may not have the same level of intrusion as residential burglaries, they are still serious offenses that pose a threat to public safety and the security of business owners and their assets. Engaging in Kansas Burglary by Breaking and Entering is a violation of Kansas Statutes Annotated Section 21-5807. The severity of the offense depends on various factors, including the type of structure involved, the intent of the offender, and whether any aggravating factors exist, such as the use of a weapon or causing bodily harm. Penalties for Burglary by Breaking and Entering in Kansas can range from a level 9 nonperson felony to a level 3-person felony. The range of punishment may include fines, probation, mandatory counseling, restitution to the victim, and imprisonment, with longer sentences imposed for residential burglaries or if the offender has prior convictions. In conclusion, Kansas Burglary by Breaking and Entering is a serious criminal offense that involves unlawfully entering a structure with the intent to commit theft, a felony, or an assault. Differentiating between residential and non-residential burglary, the severity of this offense varies depending on factors like the type of structure and the intent of the offender. Kansas law provides for varying degrees of punishment to address the gravity of these crimes and ensure public safety.
Kansas Burglary by Breaking and Entering
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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.
