Burglary

Get the Facts and Help You Need From a Skilled Overland Park Burglary Attorney

Are you facing burglary charges in Overland Park or any other city in Johnson County, Kansas? The potential consequences, if convicted, are severe and can include years in prison, tens of thousands of dollars in fines, and a criminal record you’ll carry with you for life. But the good news is you don’t have to plead guilty and face those penalties without a fight. Jerry Merrill is an Overland Park burglary attorney with extensive experience as a criminal defense lawyer. He knows how to defend your rights and fight to protect your future. Let him help you fight for the best possible outcome in your case.

Burglary Defined: A Brief Look at Kansas Statute § 21-5807

Kansas Burglary Statute § 21-5807 makes it a felony to knowingly and without authority enter or remain within a building, structure, vehicle, or dwelling with the intent to commit a felony, theft, or “sexually motivated crime” therein.

To be clear, burglary in Kansas is “breaking and entering” into a property, but your actions after the fact don’t matter as much as your intent at the time of entry.
In general, the law distinguishes between two types of burglary:

Residential Burglary: This occurs at a person’s residence.
Non-Residential Burglary: This includes businesses, vehicles, sheds, garages, and other structures.

Types of Burglary Charges & Classifications

Burglary of a Dwelling (Also Known as Residential Burglary)

Felony Level: Severity Level 7 person felony
Definition: Knowingly entering or remaining in another person’s home with the intent to commit a crime (statutory language for all burglaries is intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime).

Burglary of a Non-Dwelling (Also Known as Non-Residential Burglary)

Felony Level: Severity Level 9 nonperson felony
Definition: Knowingly entering a building, vehicle, or other structure (not a dwelling) to commit a felony, theft, or sex crime

Aggravated Burglary

Felony Level: Severity Level 5 person felony (It’s a level 4 for an aggravated residential burglary. Level 5 for an aggravated nonresidential burglary)
Definition: Burglary where a human being was present at the time of entry or during commission of the offense

Aggravated burglary is the most serious burglary offense, and it’s usually punished more harshly than other types. If you are charged with this or any other burglary-related offense, contact Overland Park burglary attorney Jerry Merrill right away for assistance.

Penalties for Burglary in Kansas

In Kansas, all burglary offenses are felonies; however, the severity of the offense and potential penalties vary depending on the classification and the individual’s criminal history. Below shows the presumptive sentence ranges for first-time offenders and repeat offenders, as well as the maximum fine allowed for each category:

Severity Level 9 nonperson felony (Non-residential Burglary) – Presumptive Sentence: 5–13 months (1st offenders) up to 34+ months for repeat offenders. Maximum fine: Up to $100,000
Severity Level 7 person felony (Residential Burglary) – Presumptive Sentence:11–34 months (1st offenders) up to 136+ months for repeat offenders. Maximum fine: Up to $100,000
Severity Level 5 person felony (Aggravated Burglary) – Presumptive Sentence: 31–136 months (1st offenders) up to 31–136 months for repeat offenders. Maximum fine: Up to $100,000

In addition to fines and incarceration, other consequences of a burglary conviction include restitution, probation, and post-release supervision. However, these can vary greatly depending on the facts of your case and the severity of the offense.

The collateral consequences of a burglary conviction are also far-reaching and life-long. The following may also be affected:

Employment opportunities
Professional licenses
Access to housing
Firearm rights
Child custody and visitation

That’s why it’s essential to fight all burglary charges with a knowledgeable burglary attorney such as Jerry Merrill by your side who understands how Kansas burglary law works.

Defense Strategies in Burglary Cases

Jerry investigates every aspect of the case and creates a strategic defense based on the facts of your case. While every situation is unique, some of the most common and successful defenses to burglary include:

Lack of Intent

The intent to commit a crime inside the building or structure at the time of entry is an essential element of burglary. If you entered the premises without such criminal intent, it is a valid defense, even if you committed a crime later on.

Mistaken Identity

Eyewitness misidentification is a common problem in criminal cases. If your case is based on visual identification or security footage, Jerry Merrill can cross-examine the witnesses or challenge the admissibility of the footage.

Consent or Permission

If you had permission to be on the premises—explicitly or implicitly—you may have a valid defense to burglary charges.

Alibi

An alibi defense involves proving that you were somewhere else when the burglary occurred. If true, this can result in the dismissal of charges.

Illegal Search or Arrest

If your arrest or detention was illegal or without probable cause, or if your property was searched in violation of your constitutional rights, Jerry can file motions to suppress the evidence.

Why You Need an Experienced Overland Park Burglary Attorney

Kansas burglary laws are complex, and the stakes are high. The criminal justice system is stacked against you, but Jerry Merrill, Attorney at Law, is not. When you work with Jerry, he will:

Scrutinize the police report and prosecution evidence for errors or omissions
Identify weaknesses in the prosecutor’s case
Negotiate with the prosecutor for dismissal or reduction of charges
Fight for your rights in court if necessary
Keep you informed and in control every step of the way in your case

Whether this is your first criminal charge or you have a prior record, you deserve a defense that is aggressive, knowledgeable, and focused on your best interests.

Attorney Jerry Merrill defends people charged with burglary and other theft-related offenses throughout Overland Park, Olathe, Lenexa, Shawnee, Leawood, and all of Johnson County, Kansas. If you or a loved one is under investigation or has already been arrested, don’t wait any longer.

FAQs About Burglary Charges in Kansas

What’s the difference between burglary and theft in Kansas?

Burglary involves entering a property without permission with the intent to commit a crime, whereas theft involves the actual taking of someone else’s property.

Can I be charged with burglary even if I didn’t steal anything?

Yes, it doesn’t matter if you committed a theft or another crime inside the building. It matters only if you had the intent to commit a crime at the time of unauthorized entry.

Is burglary always a felony in Kansas?

Yes. All forms of burglary are felonies in Kansas, and all carry severe penalties.

What should I do if I’m under investigation for burglary in Kansas?

Don’t talk to police or investigators without a lawyer present. Contact Jerry Merrill immediately to protect your rights.

Can burglary charges be reduced or dismissed?

Yes. Jerry may be able to reduce your burglary charges to trespassing or have them dismissed altogether in many cases, depending on the evidence, the circumstances, and your prior record. He can file motions to suppress evidence and negotiate with prosecutors to achieve the best possible outcome.

Speak to Overland Park Burglary Attorney Jerry Merrill Today

Your future matters, and Jerry Merrill fights for clients like you. If you or a loved one is facing burglary charges in Overland Park or Johnson County, Kansas, contact Jerry Merrill, Attorney at Law, today. His knowledge and zealous advocacy will give you the defense you deserve.

Call or contact the office online to schedule your free, no-obligation consultation today.