A burglary charge can feel terrifying because people often associate the word “burglary” with breaking into a home in the middle of the night. But under Kansas law, burglary is broader than that. A person can be charged with burglary based on an allegation that they entered, or remained within, a dwelling, building, vehicle, or other place without authority and with the intent to commit certain crimes inside.
A burglary charge can affect your freedom, your record, your employment, your housing, your family, and your reputation. Addair Law's role is to help you understand the charge, protect your rights, and move forward with a clear plan.
We provide knowledgeable criminal defense for clients in Manhattan, Riley County, and throughout Kansas. Our mission is simple: Protecting Clients with Compassion.
You do not have to face a burglary charge on your own. Reach out online or call (785) 645-2732 today to speak with our Manhattan burglary attorney and start building your defense right away.
How Addair Law Helps
At Addair Law, we begin by listening. Our attorneys, client intake specialists, and paralegals want to understand what happened, what you are worried about, and what is at risk for you.
We review the charging documents, police reports, witness statements, body camera footage, surveillance video, photographs, property records, text messages, 911 calls, and any other available evidence. We look carefully at authority, intent, identification, the type of location, whether anyone was present, and whether the State can prove every element of the charge.
We cannot promise a specific outcome. No attorney can. But we can promise that you will not have to face the process alone. We will explain your options, answer your questions, and work to protect your rights with preparation, compassion, and care.
What Is Burglary Under Kansas Law?
Kansas law defines burglary under K.S.A. 21-5807. In general, burglary occurs when a person, without authority, enters into or remains within certain places with the intent to commit a felony, theft, domestic battery, violation of a protection order, or sexually motivated crime inside.
The statute applies to several types of places, including:
A dwelling
A locked or secured portion of a dwelling
A building, manufactured home, mobile home, tent, or other structure that is not a dwelling
A locked or secured portion of one of those structures
A vehicle, aircraft, watercraft, railroad car, or other means of conveyance of persons or property
In plain English, burglary is not only about entering a house. Depending on the facts, a burglary allegation may involve a home, apartment, garage, business, office, storage area, vehicle, trailer, boat, or another place covered by the statute.
Burglary Requires More Than Being Somewhere Without Permission
To prove burglary, the State generally must show that the person entered or remained without authority and had the required intent to commit one of the crimes listed in the statute. That intent issue can be central to the defense.
For example, a person may have entered a place by mistake, believed they had permission, gone inside to retrieve their own property, followed someone else, misunderstood whether they were allowed to be there, or remained after a disagreement. Those facts may matter. The prosecution must prove the required criminal intent, not simply assume it because someone was present.
Burglary, Theft, Robbery, and Criminal Trespass Are Different
Burglary is often discussed alongside other property crimes, but the charges are different.
Theft generally involves taking or exerting unauthorized control over property or services with intent to permanently deprive the owner.
Robbery generally involves taking property from a person by force or threat. If the allegation includes force, confrontation, or threat during the taking of property, prosecutors may consider robbery-related charges.
Examples of Burglary Allegations
Burglary cases can arise from many different situations, including:
Entering a home or apartment where the person allegedly had no permission to be
Going into a garage, shed, storage unit, or locked area
Entering a business, office, or nonresidential building after hours
Remaining inside a building or dwelling after permission allegedly ended
Entering a vehicle with alleged intent to steal property
Entering a place during a domestic conflict with alleged intent to commit domestic battery or violate a protection order
Entering or remaining in a locked or secured portion of a property
Being accused of entering a place with intent to steal a firearm
Aggravated Burglary in Kansas
K.S.A. 21-5807 also defines aggravated burglary. Aggravated burglary generally involves entering into or remaining within one of the covered places, without authority, with the required intent, when there is a human being inside.
The presence of another person can significantly increase the seriousness of the charge. Aggravated burglary is treated more severely because Kansas law views the presence of a person inside the home, building, structure, vehicle, or other place as an additional risk.
That does not mean the State’s case should go unchallenged. Important questions may include whether the accused knew or should have known someone was present, whether the person was actually inside the covered location, whether the accused had authority to enter, and whether the State can prove the required intent.
Penalties for Burglary and Aggravated Burglary
Burglary is a felony in Kansas. The severity level depends on the type of place involved and, in some cases, the alleged intent. Penalties depend on the type of location, whether the entry involved intent to steal a firearm, and whether another person was present at the time.
Because the possible penalties depend heavily on the exact charge, the location, whether anyone was present, and the alleged intended crime, it is important to have an attorney review the charging document carefully.
Burglary Severity Level Table:
Charge
Severity Level
Burglary of a dwelling
Level 7, person felony
Burglary of a non-dwelling structure
Level 7, nonperson felony
Burglary of a vehicle/aircraft/watercraft
Level 9, nonperson felony
Burglary of a dwelling, intent to steal firearm
Level 5, person felony
Burglary of non-dwelling/conveyance, intent to steal firearm
Level 5, nonperson felony
Aggravated burglary of a dwelling
Level 4, person felony
Aggravated burglary of other structures/conveyances
Level 5, person felony
Because the possible penalties depend heavily on the exact charge, the location, whether anyone was present, and the alleged intended crime, it is important to have an attorney review the charging document carefully.
The Retail and Commercial Premises Issue
K.S.A. 21-5807 includes an important provision involving retail or commercial premises. The burglary statute generally does not apply to a person entering or remaining in a retail or commercial premises while it is open to the public after receiving a personal communication from the owner or manager not to enter, under K.S.A. 21-5808, except when the person enters or remains with intent to commit a person felony or sexually motivated crime.
That language can matter in cases involving stores, restaurants, businesses, or other commercial locations. Depending on the facts, the issue may be whether the conduct is properly charged as burglary, criminal trespass, theft, shoplifting, or another offense.
Why Intent Matters So Much
Intent is often one of the most important issues in a burglary case. The State may argue that intent can be inferred from circumstances, such as the time of day, method of entry, possession of tools, movement inside the property, statements, video footage, or items allegedly taken.
But intent can be challenged. Being present is not the same as intending to commit a felony, theft, domestic battery, violation of a protection order, or sexually motivated crime. A defense attorney may look for evidence showing mistake, permission, lack of planning, lack of possession, inconsistent witness statements, unreliable identification, or another lawful explanation.
A careful defense asks what the evidence actually proves, not just what the accusation assumes.
Possible Defenses in a Kansas Burglary Case
Every burglary case is different, but possible defense issues may include:
The accused had authority or permission to enter
The accused did not knowingly remain without authority
The State cannot prove intent to commit a listed crime inside
Mistaken identity
Weak or unclear video evidence
No evidence tying the accused to the location
No evidence of theft, attempted theft, or another intended crime
The location does not fit the charged subsection
The case should be treated as trespass or another lesser offense
Witness statements are inconsistent or incomplete
Constitutional issues involving searches, seizures, statements, or arrest
Talk With our Manhattan, Kansas Burglary Defense Attorney
If you have been arrested for burglary, charged with burglary, or contacted by law enforcement about a burglary investigation, do not wait to get legal guidance. Burglary is a felony charge in Kansas, and early action may help protect your rights, preserve evidence, and reduce avoidable risk.
Addair Law provides experienced criminal defense for burglary charges in Manhattan, Riley County, and throughout Kansas. When your freedom, record, and future are at stake, we are here to help you understand the process and move forward with a clear plan.
The sooner an attorney is involved, the more we can do to protect you. Call (785) 645-2732 or reach out online to get started today!
Burglary cases can arise from many different situations, including:
Entering a home or apartment where the person allegedly had no permission to be
Going into a garage, shed, storage unit, or locked area
Entering a business, office, or nonresidential building after hours
Remaining inside a building or dwelling after permission allegedly ended
Entering a vehicle with alleged intent to steal property
Entering a place during a domestic conflict with alleged intent to commit domestic battery or violate a protection order
Entering or remaining in a locked or secured portion of a property
Being accused of entering a place with intent to steal a firearm
Aggravated Burglary in Kansas
K.S.A. 21-5807 also defines aggravated burglary. Aggravated burglary generally involves entering into or remaining within one of the covered places, without authority, with the required intent, when there is a human being inside.
The presence of another person can significantly increase the seriousness of the charge. Aggravated burglary is treated more severely because Kansas law views the presence of a person inside the home, building, structure, vehicle, or other place as an additional risk.
That does not mean the State’s case should go unchallenged. Important questions may include whether the accused knew or should have known someone was present, whether the person was actually inside the covered location, whether the accused had authority to enter, and whether the State can prove the required intent.
Penalties for Burglary and Aggravated Burglary
Burglary is a felony in Kansas. The severity level depends on the type of place involved and, in some cases, the alleged intent. Penalties depend on the type of location, whether the entry involved intent to steal a firearm, and whether another person was present at the time.
Because the possible penalties depend heavily on the exact charge, the location, whether anyone was present, and the alleged intended crime, it is important to have an attorney review the charging document carefully.
The Retail and Commercial Premises Issue
K.S.A. 21-5807 includes an important provision involving retail or commercial premises. The burglary statute generally does not apply to a person entering or remaining in a retail or commercial premises while it is open to the public after receiving a personal communication from the owner or manager not to enter, under K.S.A. 21-5808, except when the person enters or remains with intent to commit a person felony or sexually motivated crime.
That language can matter in cases involving stores, restaurants, businesses, or other commercial locations. Depending on the facts, the issue may be whether the conduct is properly charged as burglary, criminal trespass, theft, shoplifting, or another offense.
Why Intent Matters So Much
Intent is often one of the most important issues in a burglary case. The State may argue that intent can be inferred from circumstances, such as the time of day, method of entry, possession of tools, movement inside the property, statements, video footage, or items allegedly taken.
But intent can be challenged. Being present is not the same as intending to commit a felony, theft, domestic battery, violation of a protection order, or sexually motivated crime. A defense attorney may look for evidence showing mistake, permission, lack of planning, lack of possession, inconsistent witness statements, unreliable identification, or another lawful explanation.
A careful defense asks what the evidence actually proves, not just what the accusation assumes.
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