Wichita Bail Bonds Blog

The sentence for burglary in Kansas varies depending on the type of property involved, whether the property was occupied, and the defendant’s criminal history. Kansas law treats burglary as a serious felony offense with penalties that can range from probation for first-time offenders to more than 20 years in prison for aggravated cases. The severity of the charge increases when the burglary involves a dwelling or the presence of people inside the property.

Understanding Burglary Under Kansas Law

According to Kansas Statute 21-5807, burglary is defined as entering or remaining in a structure, dwelling, vehicle, or other enclosure without authority and with the intent to commit a felony, theft, or sexual battery. The law separates burglary into different levels based on the type of property entered and the intent of the suspect. Each classification carries specific penalties under the Kansas sentencing guidelines.

Types Of Burglary Charges

• Residential burglary – Occurs when a person unlawfully enters or remains in a dwelling with the intent to commit a crime. This is considered a severity level 7 person felony because it involves potential harm to occupants.
• Non-residential burglary – Involves breaking into a building, vehicle, or structure not used as a residence. This is a severity level 7 or 9 nonperson felony, depending on the circumstances.
• Aggravated burglary – Happens when a person enters a dwelling, building, or vehicle knowing that someone is inside. This is a severity level 5 person felony and is among the most serious burglary-related offenses.

Sentencing Guidelines And Penalties

The sentence for burglary depends on two main factors: the crime’s severity level and the defendant’s criminal history score. For first-time offenders, non-residential burglary may result in probation or a sentence of 11 to 34 months in prison. Residential burglary can result in 31 to 136 months, depending on prior convictions. Aggravated burglary carries the harshest penalties, with potential prison terms of up to 20 years for repeat offenders.

Judges can also order restitution to victims for any property damage or stolen goods. Fines and supervision conditions, such as reporting to a probation officer, are often included in the sentence. Aggravating factors, like using a weapon, threatening occupants, or committing another crime during the burglary, can lead to enhanced penalties and additional charges.

Aggravated Burglary Sentencing Example

In cases of aggravated burglary where the defendant entered an occupied home, the court imposes a severity level 5 felony sentence. A person with prior felonies might face a sentence between 136 and 247 months, with limited eligibility for parole. The intent behind the entry, such as theft or assault, also influences the length of the sentence.

Additional Legal Consequences

Aside from prison, burglary convictions in Kansas can lead to long-term consequences, including loss of firearm rights, restricted housing opportunities, and difficulty finding employment. Felony convictions remain on the record for life unless successfully expunged under state law. Some offenders may qualify for diversion or alternative sentencing programs, especially for non-violent first offenses.