Missouri Burglary Lawyers

Burglary Charges Under Missouri Law

Burglary First Degree (§ 569.160)

Classification: Class B Felony — 5 to 15 years in prison

**Elements the prosecution must prove:**³

1. The person knowingly entered or remained unlawfully in a building or inhabitable structure
2. For the purpose of committing a crime therein
3. The building was a dwelling (inhabitable structure)
4. A person other than a participant in the crime was present in the building, OR the person was armed with a dangerous instrument or deadly weapon

First-degree burglary is charged when someone enters an occupied dwelling with criminal intent — or enters any dwelling while armed. The “person present” element is what distinguishes first-degree from second-degree burglary and dramatically increases the sentencing exposure.

Burglary Second Degree (§ 569.170)

Classification: Class D Felony — up to 7 years in prison

**Elements:**⁴

1. The person knowingly entered or remained unlawfully in a building or inhabitable structure
2. For the purpose of committing a crime therein

Second-degree burglary covers unlawful entry with criminal intent into any building — whether residential or commercial, occupied or unoccupied. This is the most commonly charged burglary offense.

Residential Burglary (§ 569.160)

When the target is a dwelling — a residence where people live — the charge is automatically first degree if a non-participant was present.⁵ Even without a person present, residential burglary is treated more seriously at sentencing because of the inherent invasion of personal space and the elevated risk of violent confrontation.

Possession of Burglar’s Tools (§ 569.180)

Classification: Class E Felony — up to 4 years

Possessing tools designed for breaking and entering — with the intent to use them in a burglary — is a separate criminal offense.⁶ This charge often accompanies burglary or attempted burglary charges. Items like lock picks, slim jims, pry bars, and glass cutters can serve as the basis for this charge, but the prosecution must prove intent to use them for criminal purposes.

How Burglary Differs from Related Offenses

The distinction between burglary and trespassing is entirely about intent. If a person enters a building unlawfully but without the purpose to commit a crime inside, the correct charge is trespassing — a Class B Misdemeanor — not burglary.⁷ This distinction is frequently contested and is often the most impactful defense argument in burglary cases.

Armed Criminal Action Enhancement

When a weapon is involved in a burglary, Armed Criminal Action (§ 571.015) adds a mandatory minimum of 3 years in prison, served consecutively with the burglary sentence, with no eligibility for probation, parole, or conditional release.⁸

For first-degree burglary (5–15 years) plus ACA (mandatory 3 years consecutive), the minimum actual prison time is 8 years before parole eligibility. This combination makes armed burglary one of the most severely punished property offenses in Missouri law.

Defense Strategies for Burglary Charges

Challenging Intent

The prosecution must prove that the person entered the building for the purpose of committing a crime inside. If the entry had a lawful purpose — retrieving personal property, seeking shelter, meeting someone, or any non-criminal reason — the burglary charge fails.⁹ Intent is a mental state, and proving what was in someone’s mind requires circumstantial evidence that we can challenge.

Challenging “Unlawful Entry”

If the person had permission or authority to be in the building — an invitation, a key, shared access, or a landlord-tenant relationship — the entry was not unlawful. Former residents, employees, and guests may have arguments that their entry was authorized or based on a reasonable belief in authorization.

Challenging Identification

Many burglary cases rely on circumstantial identification — surveillance footage, fingerprints, DNA, cell phone location data, or witness descriptions. We challenge the reliability and interpretation of each type of identification evidence.

Challenging “Person Present” Element (First Degree)

If no one was present in the building during the entry, first-degree burglary doesn’t apply — the charge should be second degree. The prosecution must prove that a non-participant was actually present, not merely that someone could have been present.

Reducing to Trespassing

When the evidence supports entry but the evidence of criminal intent is weak, negotiating a reduction from burglary (felony) to trespassing (misdemeanor) produces a dramatically different outcome. The difference between a Class B Felony and a Class B Misdemeanor is measured in years of prison time and a permanent felony record.

Collateral Consequences

Felony record. Both degrees of burglary are felonies in Missouri. A felony record affects employment, housing, voting rights, firearm ownership, and professional licensing.

Restitution. Courts typically order full restitution for any damage to the building or property inside, in addition to criminal fines.

Persistent offender enhancement. Prior felony convictions can trigger persistent offender status under § 558.016, sentencing one classification level higher — bumping first-degree burglary to Class A Felony range (10–30 years or life).¹⁰

Expungement

Second-degree burglary (Class D Felony) may be eligible for expungement under § 610.140 after 3 years from completion of sentence.¹¹ First-degree burglary eligibility should be evaluated against the current list of excluded offenses. Arrest records — even for burglary charges that didn’t result in conviction — are eligible for expungement immediately.

Facing Burglary Charges in St. Louis?

Burglary cases turn on intent — and intent is the hardest element for the prosecution to prove. The difference between “entered a building to commit a crime” and “entered a building for some other reason” is the difference between a felony and a misdemeanor, between years in prison and months of probation. We investigate every burglary case with a focus on what the prosecution can actually prove about the person’s purpose — because that’s where these cases are won and lost.

Call us 24/7 for a free consultation. The defense starts with a conversation.

References

1. § 569.160–170, RSMo [Burglary — first and second degree].
2. § 569.160, RSMo [Burglary 1st degree — Class B Felony].
3. § 569.160, RSMo [Burglary 1st degree elements].
4. § 569.170, RSMo [Burglary 2nd degree elements].
5. § 569.160, RSMo [Residential burglary — dwelling element].
6. § 569.180, RSMo [Possession of burglar’s tools].
7. § 569.140, RSMo [Trespass 1st degree — Class B Misdemeanor].
8. § 571.015, RSMo [Armed Criminal Action — mandatory consecutive sentence].
9. § 569.160–170, RSMo [Intent element — “for the purpose of committing a crime therein”].
10. § 558.016, RSMo [Persistent offender enhancement].
11. § 610.140, RSMo [Expungement eligibility].

Sub-Pages:

• Burglary 1st Degree
• Burglary 2nd Degree

Related:

• Theft Charges
• Property Crimes
• Weapons Charges
• Expungement Services
• St. Louis Criminal Defense Lawyer