Wichita Bail Bonds Blog

Burglary and breaking and entering are closely related crimes, but they are not exactly the same. The main difference lies in intent and how the act is defined under the law. In Kansas, burglary is a more serious felony because it involves unlawful entry with the intent to commit a crime inside, while breaking and entering focuses more on the act of entering a property without permission, regardless of what happens afterward.

Definition Of Burglary

Burglary occurs when someone enters or remains in a building, home, vehicle, or other structure without permission and with the intent to commit a felony, theft, or sexual offense once inside. The key element is intent. The person does not have to actually steal anything or cause damage to be charged with burglary – simply entering with criminal intent is enough to violate the law.

Definition Of Breaking And Entering

Breaking and entering is the act of unlawfully entering a property without authorization. It can involve using force, such as breaking a window or prying open a door, but it can also mean simply opening an unlocked door or climbing through a window. Unlike burglary, breaking and entering does not always require proof that the person intended to commit another crime once inside.

Key Differences

• Intent – Burglary requires intent to commit a felony or theft, while breaking and entering only requires unlawful entry.
• Severity – Burglary is a felony offense, while breaking and entering can be charged as a misdemeanor or felony depending on the situation.
• Evidence needed – Prosecutors must prove intent for burglary charges, which makes it a more serious and complex case.
• Location – Burglary can involve any building, dwelling, or vehicle, while breaking and entering typically refers to entering a building or home unlawfully.

Examples

• Burglary – A person breaks into a store intending to steal electronics but is caught before taking anything.
• Breaking and entering – Someone enters a vacant building without permission but doesn’t plan or attempt to steal or commit another crime.

Penalties In Kansas

• Burglary of a dwelling (home) is usually a severity level 7 person felony, punishable by prison time and fines.
• Burglary of a non-dwelling, such as a business or vehicle, is a severity level 9 or 10 nonperson felony, depending on the case.
• Breaking and entering alone, without intent to commit another crime, may be charged as criminal trespass, a misdemeanor under Kansas law.

In simple terms, breaking and entering is entering a property unlawfully, while burglary is entering with the intent to commit a crime once inside. Burglary is more serious because it involves criminal intent, not just trespassing. The distinction is important in Kansas law, as burglary carries harsher penalties and lasting consequences compared to a misdemeanor trespass or simple breaking and entering offense.