Kansas Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Kansas: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Kansas, consult a licensed Kansas criminal defense attorney.

Kansas Burglary Penalties

OffensePenalty
First OffenseLevel 7 felony: 11–34 months prison
Second OffenseLevel 4 felony (residential): 38–172 months prison

KSA §21-5807; residential burglary is Level 4; non-residential Level 7 or 9

Burglary Statute of Limitations in Kansas

In Kansas, the statute of limitations for theft and property crimes is generally 5 years.

See all Kansas statutes of limitations →

Defending Against Burglary Charges in Kansas

Common defenses in Kansas burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Kansas criminal defense attorney for advice.

Related Kansas Laws