Accused of a Property Crimes Offense in Kansas or Missouri?

Those accused of a Property crimes offense are vigorously prosecuted in both Missouri and Kansas.

Whether it is stealing, tampering, trespassing, burglary, robbery, or arson—property crimes are serious.

This is why you should never approach a property case without first consulting with The Watt Law Firm. Gregory Watt has established one of the premiere property crime defense practices in the Kansas City metro area. No one understands this area of law better. As a property crime defense specialist, Gregory Watt is routinely referred cases by some of the largest law firms in Kansas City to ensure their clients have the very best. In short, every property crime is different; every property crime is serious; and everyone who wants the best calls The Watt Law Firm, first.

Below we break down the different property crime laws and consequences in both Missouri and Kansas.

Theft or stealing means taking property or services from someone with the intent to permanently deprive the owner of possession. The penalty for theft varies from a misdemeanor to a severity level 9 nonperson felony in Kansas and the penalty for stealing varies from a misdemeanor to a class B felony in Missouri. The severity of the charge varies based on the value of the stolen property, prior offenses, and, in some cases, the type of property stolen. For example, the penalty is increased for stealing a gun, or certain types of scrap metal, (Kansas), or methamphetamine ingredients (Missouri).

The offense of tampering under Missouri law includes tampering with property or interfering with public utilities. Tampering is most commonly used to charge what most people refer to as grand theft auto. This is because the elements of tampering are much easier for the State to prove than the elements of stealing. To convict a person of tampering, the State need only prove the individual charged was driving or riding in a car without the consent of the owner. The State does not have to prove any intent to keep or sell the car. Tampering therefore also covers what we usually think of as “joyriding.” Tampering in the first degree – driving the car – is a class D felony, and tampering in the second degree – riding in the car – is a class A misdemeanor.

In Kansas, criminal trespass is a class B nonperson misdemeanor. A conviction may result in imprisonment for a minimum of 48 hours and a maximum of 6 months. You may also be fined up to $1,000. (Kan Stat. Ann. §§ 21-5808, 21-6602, & 21-6611)

In Kansas, criminal trespass is a class B nonperson misdemeanor. A conviction may result in imprisonment for a minimum of 48 hours and a maximum of 6 months. You may also be fined up to $1,000. (Kan Stat. Ann. §§ 21-5808, 21-6602, & 21-6611)

In Missouri, second-degree trespassing is a strict liability offense. If you are on someone else’s property without consent, you are trespassing in the second degree. This is an infraction, which may result in a fine of up to $200. If, on the other hand, you are on someone’s property without consent, and you know it, you are trespassing in the first degree. This is a class B misdemeanor carrying with it up to 6 months imprisonment and a $1,000.00 fine. (Mo. Rev. Stat. §§ 569.150 & 560.016)

In Missouri, second-degree trespassing is a strict liability offense. If you are on someone else’s property without consent, you are trespassing in the second degree. This is an infraction, which may result in a fine of up to $200. If, on the other hand, you are on someone’s property without consent, and you know it, you are trespassing in the first degree. This is a class B misdemeanor carrying with it up to 6 months imprisonment and a $1,000.00 fine. (Mo. Rev. Stat. §§ 569.150 & 560.016)

Burglary is entering or remaining inside another person’s property without consent, and with intent to commit a crime therein. It is essentially Trespass + Intent to Commit another Crime.

In Kansas, the intended crime must be a felony, theft, or sexually motivated crime. The lengths of imprisonment depend on the type of property:

• Dwellings – Severity Level 7, person felony (minimum 22 months).
• Buildings or mobile homes – Severity Level 7, nonperson felony (minimum 15 months).
• Vehicles – Severity Level 9, nonperson felony (minimum 7 months).

If the intent is to steal a firearm, it is considered a Severity Level 5, nonperson felony (minimum 38 months imprisonment).

Finally, if a person is inside the property, the crime charged is instead “Aggravated Burglary,” which carries with it imprisonment of at least 50 months (4 years, 2 months). (Kan. Stat. Ann. § 21-5807).

Missouri breaks burglary down into two degrees:

Second degree burglary is knowingly entering or remaining unlawfully in a building or inhabitable structure for the purpose of committing any crime therein. This is a class D felony, which can result in as much as 7 years imprisonment and a $10,000 fine. (Mo. Rev. Stat. § 569.170)

First degree burglary is committed when a deadly weapon is used, a person suffers or is threatened with imminent physical injury, or if a person is merely present within the structure during the crime. This is a class B felony which could result in a prison sentence of up to 15 years. (Mo. Rev. Stat. § 569.160).

Missouri also criminalizes the possession of burglar tools. Burglar tools are items that are “adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises.” This is a very broad standard. To be convicted of this class E felony, the person in possession must either intend to use the items to commit a burglary or know someone else will use the items during a burglary. A conviction for this crime may result in up to 4 years imprisonment and a $10,000.00 fine. (Mo. Rev. Stat. § 569.180).

Missouri defines robbery second degree as forcibly taking property from another person. Aggravated robbery, or robbery in the first degree, is usually charged if a weapon is involved or if someone is injured.

In Missouri, if a weapon is used in the commission of the robbery there will also be an armed criminal action charge. Anyone who commits any felony, in Missouri by, with, or through the use, assistance, or aid of a dangerous or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, will be punished by imprisonment by the division of corrections for a term of not less than three years. In other words, the minimum is three years, with no maximum. Armed criminal action is referred to in Missouri as an unclassified felony.

In Kansas, robbery is a severity level five person felony, and aggravated robbery is a severity level three person felony. In Missouri, robbery in the first degree is a class A felony and robbery in the second degree is a class B felony.

Arson means either burning or blowing up a building. The penalty for arson in Missouri varies from a misdemeanor to a class A felony, depending upon whether the fire or explosion was intentional, whether anyone was placed in danger or killed, or whether the fire or explosion was caused by the process of making methamphetamine.

In Missouri, the penalties for the different levels of felonies are as follows:

1. For a class A felony, ten years to thirty years or life imprisonment;
2. For a class B felony, five years to fifteen years;
3. For a class C felony, three to ten years;
4. For a class D felony, up to seven years;
5. For a class E felony, up to four years.