Law enforcement and prosecutors are becoming increasingly aggressive in investigating and prosecuting those accused of burglary. In Missouri, the crime of burglary consists of unlawfully entering or remaining in an inhabitable structure or building with the intent to commit a crime.
First degree burglary is a class B felony. If convicted, it can carry a prison sentence of 5 to 15 years. Second degree burglary is a class C felony. If convicted, it can carry a prison sentence not to exceed 7 years. As with many criminal charges, with an aggressive criminal defense lawyer, it may be possible to avoid prison altogether or minimize your sentence.
At JCS Law we fight first degree burglary charges in many ways. One way is by challenging the elements of the crime. Did the accused person know they were in a building unlawfully? Did the witness or victim identify the right person? Was there a line-up? Attorney John Schleiffarth has successfully challenged false line-up identifications.
Burglary in Missouri is a crime of intent, so the state must prove the accused person’s state of mind through witnesses or evidence. They must prove beyond a reasonable doubt to 12 jurors that the accused committed the crime. When properly represented, this can be very difficult.
JCS Law helps those facing burglary charges fight their case. If you or a loved one is facing a charge involving a property crime in Missouri, call us for a Free Consultation at 314-561-9690.