Wichita Bail Bonds Blog

Burglary is the unlawful entry into a building or property with the intent to commit a crime, usually theft or vandalism. The law divides burglary into different levels or degrees depending on how serious the offense is. Factors such as whether the building was occupied, if a weapon was used, or if someone was harmed can raise the severity of the charge. In Kansas and most other states, burglary is categorized into first-degree, second-degree, and third-degree burglary.

First-Degree Burglary

First-degree burglary is the most serious level. It involves entering or remaining unlawfully in a dwelling or occupied structure with the intent to commit a crime while someone is present. This charge is considered violent because it poses a risk to human life.

In Kansas, first-degree burglary is typically classified as a level 7 person felony under state law. The penalties depend on criminal history and circumstances, but they often result in several years in prison.

• Key factors – The structure is occupied during the crime.
• Intent – To commit theft, assault, or another felony inside.
• Use of force – Often involves breaking in, the use of weapons, or confrontation.
• Penalty – Prison term ranging from 3 to 10 years, depending on prior record.

Example

Breaking into a home at night while the residents are sleeping, intending to steal electronics or valuables, is considered first-degree burglary because the property was occupied and the act threatened personal safety.

Second-Degree Burglary

Second-degree burglary occurs when someone unlawfully enters a building, business, or unoccupied structure with the intent to commit a felony or theft. Unlike first-degree burglary, no one is present inside, making it less dangerous but still a serious property crime.

In Kansas, this offense is charged as a level 7 nonperson felony. The absence of a direct threat to a person lowers the classification, but it still carries significant penalties, especially for repeat offenders.

• Key factors – Entry into an unoccupied building or structure.
• Intent – Theft, property damage, or other felony activity.
• Penalty – Prison time between 1 and 7 years, depending on prior convictions.
• Example – Breaking into a closed store at night to steal cash from a register.

Third-Degree Burglary

Third-degree burglary is the least severe level, involving the unlawful entry into a vehicle, storage unit, or other non-residential structure with the intent to commit a crime. While still a felony, it often carries lighter penalties than first- or second-degree burglary.

This charge applies when there is no threat to people and the location is not a home or occupied business. Yet, repeat offenders can face enhanced sentencing.

• Key factors – Entry into a vehicle or storage area without permission.
• Intent – Theft, vandalism, or other unlawful acts.
• Penalty – Possible jail time up to 2 years and fines up to $100,000.
• Example – Breaking into a parked car or detached garage to steal tools or electronics.

Factors That Affect Burglary Charges

Courts consider several elements when determining the degree and penalties for burglary. Even a lower-level burglary can become a higher charge if certain aggravating factors are present.

• Whether the building was occupied at the time
• Use or possession of weapons during the crime
• Intent to commit a violent or sexual offense
• Prior burglary or theft convictions
• Value of stolen property or extent of damage

Penalties For Burglary In Kansas

Burglary is treated as a felony at all levels in Kansas. Sentencing depends on criminal history and the specific degree of the offense. Judges may impose fines, restitution, probation, or prison sentences depending on the severity of the case.

• First-degree burglary – 3-10 years in prison, higher for violent cases.
• Second-degree burglary – 1-7 years in prison and restitution.
• Third-degree burglary – Up to 2 years in prison or probation for first-time offenders.