Arrested or Charged with Burglary in the Second Degree (RSMo § 569.170) in Missouri?

Being charged with burglary in the second degree in Missouri often comes as a shock to people who never imagined they’d face serious criminal charges. Unlike first-degree burglary, second-degree burglary cases don’t involve weapons or violence – they typically center on questions of intent, permission, and timing that experienced attorneys know how to challenge.

At Rose Legal Services, we understand that good people sometimes find themselves in difficult legal situations. We know that many of these cases can be resolved favorably with the right legal strategy.

What Is Missouri’s Second-Degree Burglary Law

Missouri Revised Statute § 569.170 defines second degree burglary charges as knowingly entering unlawfully or knowingly remaining unlawfully in a building or inhabitable structure for the purpose of committing a crime therein. Put a simpler way, burglary is trespassing plus the intent to commit a crime.

What makes this charge different from other burglary offenses is what it doesn’t require. Unlike first-degree burglary, there’s no need for weapons, violence, or even another person to be present. This makes Second-Degree Burglary the most commonly charged burglary offense in Missouri.

When Does Entry Become “Unlawful”?

Under Missouri law, “breaking and entering” with force isn’t the only circumstance that deems entry as unlawful. You can be charged with burglary simply by:

• Opening an unlocked door and walking inside
• Climbing through an open window
• Entering through a propped-open loading dock
• Walking into a business after hours when the door was left open

The key element is that you didn’t have permission to be there. If you’re a former employee who still has a key but no longer works there, using that key to enter could constitute unlawful entry.

The “Remaining Unlawfully” Scenario

Oftentimes, burglary charges arise not from how you entered, but from staying when you should have left. Common scenarios include:

• A store customer who hides in the bathroom until after closing time
• A guest who refuses to leave when asked
• An employee who stays after being terminated
• A tenant who remains after eviction

In these cases, your initial presence may have been lawful, but continuing to stay transforms it into a criminal act.

What Types of Structures Are Protected?

The Missouri burglary statute protects a wide range of structures beyond just homes and businesses. A building or inhabitable structure includes:

• Any residential dwelling (houses, apartments, condos)
• Commercial buildings (stores, offices, warehouses)
• Agricultural structures (barns, grain silos)
• Mobile structures (RVs, mobile homes, houseboats)
• Temporary structures (tents, construction trailers)
• Vehicles used as dwellings

Notably, Missouri law treats all these structures equally – there’s no distinction between residential and commercial burglary as exists in some other states.

The Critical Element: Criminal Intent

The prosecution must prove you entered with the specific purpose of committing a crime inside. Without the criminal intent, it’s just trespassing, which is a misdemeanor. This creates several important legal considerations:

Timing of Intent

Criminal intent must exist when the person trespasses, not develop afterward. If a person trespassed and only later decided to commit a crime, it’s not burglary.

Specific vs. General Intent

A defendant or suspect doesn’t need to intend a specific crime – general criminal intent is sufficient. Whether the plan is to steal electronics, commit vandalism, or assault someone, any criminal purpose satisfies this element.

Proof of Intent

Since intent exists in a person’s mind, prosecutors typically prove it through:

• The defendant’s actions inside the structure
• Items the defendant brought (tools, bags, weapons)
• The defendant’s behavior when discovered
• Statements the defendant made to others

Understanding Class D Felony Penalties

As a Class D felony, Burglary in the Second Degree carries these potential consequences:

Imprisonment Options

• Up to 7 years in state prison
• Alternative: Up to 1 year in county jail (at court’s discretion)
• Probation eligibility for most first-time offenders

Financial Consequences

• Fines up to $10,000
• Restitution for stolen property or property damage
• Court costs and supervision fees

Collateral Consequences

• Permanent felony record
• Difficulty obtaining employment
• Challenges securing housing
• Loss of professional licenses
• Restrictions on firearm ownership

Common Defense Strategies That Work

Every burglary case is unique, but several defense approaches frequently prove effective:

Challenging the “Unlawful” Element

If you had permission to enter – whether express or implied – you cannot be convicted of burglary. This defense often involves:

• Proving you were invited or expected
• Demonstrating you had ongoing permission
• Showing you reasonably believed you had permission

Attacking the Intent Element

Without criminal intent, there’s no burglary. Effective intent defenses include:

• Proving you entered for innocent purposes
• Showing you were retrieving your own property
• Demonstrating you were seeking shelter or assistance

Raising Identification Issues

If the prosecution cannot prove you were the person who committed the burglary, they cannot convict you. This involves:

• Challenging eyewitness identifications
• Questioning the reliability of surveillance footage
• Presenting alibi evidence

Exposing Procedural Violations

If law enforcement violated your rights during the investigation, key evidence might be suppressed:

• Illegal searches of your person or property
• Interrogation without proper Miranda warnings
• Coercive questioning techniques

How Missouri Prosecutors Approach These Cases

Understanding prosecutorial priorities can help shape your defense strategy:

Factors That Increase Prosecution Efforts

• High value of stolen property
• Significant property damage
• Multiple related incidents
• Your criminal history
• Public attention to the case

Factors That May Lead to Leniency

• First-time offender status
• Minimal property loss
• Cooperation with authorities
• Willingness to make restitution
• Personal circumstances (addiction, mental health issues)
• Payment of restitution

Exploring Resolution Options

Not every burglary case needs to go to trial. Experienced attorneys often negotiate favorable outcomes through:

Charge Reductions

• Reduction to trespassing (misdemeanor)
• Plea to attempted burglary
• Dismissal of additional charges

Sentencing Alternatives

• Suspended Imposition of Sentence (SIS) – not a conviction under Missouri law, and removed from the defendant’s public record upon successful completion
• Suspended Execution of Sentence (SES) – conviction but no jail time
• Probation with conditions like counseling or community service
• Problem-solving courts (drug court, mental health court)

The Importance of Acting Quickly

Time is critical in burglary cases. Immediate action allows your attorney to:

• Secure surveillance footage before it’s deleted
• Interview witnesses while events are fresh
• Identify and preserve physical evidence
• Document your whereabouts and activities
• Begin negotiations before the prosecutor’s position hardens

What You Should Do Right Now

If you’re facing burglary charges:

1. Stop talking to police without an attorney present
2. Don’t discuss your case with friends, family, or on social media
3. Gather any evidence that supports your innocence
4. Make a list of potential witnesses who can verify your whereabouts
5. Contact a criminal defense lawyer immediately

Why Legal Representation Matters

Burglary cases involve complex legal and factual issues that require skilled handling. An experienced attorney provides:

• Thorough investigation of the prosecution’s evidence
• Identification of legal and factual defenses
• Negotiation with prosecutors for favorable outcomes
• Strategic advice on whether to accept plea offers or go to trial
• Courtroom advocacy if your case proceeds to trial

Get Help From Rose Legal Services Today

Burglary in the Second Degree charges require immediate attention from an experienced Missouri criminal defense attorney. At Rose Legal Services, we are committed to helping good people get a second chance.

Contact Rose Legal Services today for a confidential consultation. Let’s talk about how our team can assist you through this difficult time.