Wichita Bail Bonds Blog

The punishment for burglary depends on the specific circumstances of the crime, including location, intent, and prior convictions. In Kansas, burglary is treated as a serious felony offense, and sentencing can range from probation for first-time offenders to more than a decade in prison for aggravated or repeat cases. Judges use the Kansas Sentencing Guidelines to decide the final punishment based on the crime’s severity and the defendant’s criminal history.

Types Of Burglary In Kansas

Kansas divides burglary into two main categories: standard burglary and aggravated burglary. The difference lies in whether the property was occupied and the intent of the person entering.

• Burglary – Unlawfully entering or remaining in a building, dwelling, or vehicle with intent to commit a felony, theft, or sex crime.
• Aggravated burglary – Burglary of an occupied building or structure, meaning someone was present during the offense.

Felony Levels And Sentencing

Kansas classifies burglary under different felony levels, each carrying a specific sentencing range. The level depends on where the crime happened and who was affected.

• Residential burglary (occupied dwelling) – Level 7 person felony, punishable by 11 to 34 months in prison for first-time offenders and longer for repeat offenders.
• Non-residential burglary (business or unoccupied building) – Level 7 non-person felony, punishable by 11 to 34 months, though probation is sometimes possible.
• Burglary of a vehicle – Level 9 nonperson felony, carrying 5 to 17 months in prison, often eligible for probation if it is a first offense.
• Aggravated burglary – Level 5 person felony, carrying 31 to 136 months in prison depending on prior record and case details.

Factors That Affect The Sentence

Judges consider multiple factors when deciding how much time a burglary conviction will bring. Even two cases with similar facts can have different outcomes based on the defendant’s background and the crime’s details.

• Use of weapons or violence during the burglary
• Presence of people in the building
• Criminal history and prior felony convictions
• Value of stolen property and level of harm caused
• Cooperation with law enforcement and plea agreements

Possible Alternatives To Prison

Not all burglary cases end in prison time, especially for first-time offenders. Judges sometimes allow probation, house arrest, or community service if the crime was non-violent and the defendant meets certain conditions.

• Probation or a suspended sentence for low-level burglary
• Mandatory restitution to property owners
• Court-ordered counseling or substance abuse treatment
• Community corrections programs for rehabilitation

Penalties For Repeat Offenders

Repeat offenders face much harsher sentences. Each prior felony conviction increases the criminal history score, which raises the sentencing range under Kansas guidelines. Aggravated burglary or repeat property crimes often result in several years of imprisonment.

• A second burglary conviction can lead to 5 to 10 years in prison
• Armed or violent burglaries can exceed 10 years
• Repeat offenders are less likely to qualify for probation