A property crime charge can start as something that looks minor — a shoplifting ticket, a trespass, a misunderstanding about who owned what — and turn into a felony on your record before you fully understand what happened. In Missouri, the line between a misdemeanor and a felony is a single prior conviction or a few hundred dollars in claimed value. Bur Oak Legal represents people charged with theft, burglary, vandalism, trespass, and related offenses across central Missouri. There is no fee unless we win.
(573) 499-0200 — call anytimeProperty crimes in Missouri are governed primarily by Chapter 570 RSMo — Missouri property crimes, which covers stealing, receiving stolen property, and related financial offenses. Burglary and trespass fall under Chapter 569. These charges range from low-level misdemeanors to serious felonies carrying years in prison, and the outcome depends heavily on the dollar value of the alleged loss, the circumstances of the offense, and your prior record.
Bur Oak Legal is a criminal defense law firm based in Columbia, Missouri, representing people facing criminal charges across central Missouri. Attorney Chris Miller has been licensed in Missouri since 2012 and handles property crime cases in Boone County and the surrounding counties tried at the Boone County Circuit Court and courts throughout the region.
What makes these cases urgent is how quickly they escalate. Retail theft is one of the most commonly charged property crimes in Missouri — and it is frequently charged as a misdemeanor when the person booked is unfamiliar with the law. But Missouri's habitual offender provisions can turn a second-offense misdemeanor stealing charge into a felony. And even a first-offense misdemeanor conviction for theft can follow you onto every employment application and background check you fill out for the rest of your life.
Missouri uses the term "stealing" rather than "theft" in its statutes. Under Missouri law, a person commits stealing when they knowingly take, obtain, or exercise control over property of another with the purpose to deprive the owner of it. The grading of the offense — and the severity of the potential punishment — depends almost entirely on the value of the property involved.
| Value of Property | Charge Level | Classification | Max Sentence |
|---|---|---|---|
| Under $150 | Class D Misdemeanor | Stealing | 15 days in jail |
| $150 – $749 | Class A Misdemeanor | Stealing | 1 year in jail |
| $750 – $24,999 | Class D Felony | Stealing | 7 years in prison |
| $25,000 or more | Class C Felony | Stealing | 10 years in prison |
| Financial instruments, credit cards, certain categories | Class B Felony | Stealing | 15 years in prison |
These thresholds matter, but they are not the only thing that matters. Missouri law also allows prosecutors to charge a misdemeanor-level stealing as a felony when the defendant has a prior stealing conviction on their record. This is one of the most important facts to understand about Missouri property crime cases: your history follows you, and what would be a minor charge for someone with a clean record can be a felony charge for someone with even one prior conviction.
Prior record warning: Under Missouri law, a prior stealing conviction can elevate a current misdemeanor stealing charge to a felony — regardless of the value of the property in the new case. If you have any prior theft or stealing conviction, you need an attorney before you say anything to police or appear in court.
Burglary in Missouri is the unlawful entry into a building with the intent to commit a crime inside. Missouri law divides burglary into two degrees, and the distinction between them is one of the most consequential in property crimes: whether another person was present in the building at the time of the entry.
First degree burglary occurs when a person unlawfully enters or remains in a building and another person is present in the building at the time. It is a Class B felony, carrying up to 15 years in prison. The elevated charge reflects the potential for direct confrontation with the occupant, and it is prosecuted aggressively. Even if no violence occurred, the mere presence of another person elevates the offense to the most serious category of burglary.
Second degree burglary applies when a person unlawfully enters a building but no one is present at the time of the entry. It is a Class D felony, carrying up to 7 years in prison. While less severe than first degree, a Class D felony conviction still means a permanent criminal record and the loss of certain civil rights. The prosecution still must prove that the entry was unlawful and that the defendant intended to commit a crime inside.
Burglary charges often rest on thin evidence — a footprint, a partial fingerprint, a witness who identified the wrong person. The prosecution must prove beyond a reasonable doubt that you entered the building, that you did so without permission, and that you intended to commit a crime there. Intent, in particular, is something they must prove — and something a defense attorney can challenge directly.
Not every property crime charge involves taking something. Trespass and property damage are separate offenses that carry their own consequences — and they are more common than many people expect.
Missouri divides trespass into two degrees. First degree criminal trespass under § 569.140 applies when a person knowingly enters or remains unlawfully in a building or inhabitable structure — it is a Class B misdemeanor, punishable by up to six months in jail. Second degree criminal trespass under § 569.150 — entering or remaining unlawfully on real property — is a Class C misdemeanor, carrying up to 15 days in jail. These charges turn on what you knew when you entered: did you have notice or reason to know that entry was not permitted?
Intentional property damage — commonly called vandalism — is charged in Missouri as property damage in the first or second degree. The severity of the charge depends on the value of the damage caused. Property damage resulting in loss under $750 is typically a Class A misdemeanor. When the damage exceeds $750, the charge can rise to a Class D felony. This means that a single act of vandalism — breaking a car window, spray-painting a building — can cross into felony territory based on the cost of repair, which the prosecution will attempt to establish through appraisers or repair estimates.
Receiving stolen property is charged when a person receives, retains, or disposes of property of another person knowing that it has been stolen. The key word is "knowing" — if you genuinely did not know the property was stolen, you have not committed this offense. Receiving stolen property is graded the same way as stealing: the classification of the charge depends on the value of the property involved. This is an offense that frequently turns on circumstantial evidence, and the prosecution often has difficulty proving the required mental state beyond a reasonable doubt.
In every criminal case in Missouri, the prosecution bears the burden of proving each element of the offense beyond a reasonable doubt. For property crimes, that means proving three things:
When the prosecution cannot prove all three elements, the charge should not result in a conviction. An attorney's job is to identify which element is weakest — and build a defense around it.
In practice, the intent element is often the most vulnerable. Property crimes require proof that the defendant acted knowingly or purposely — accident, misunderstanding, or a genuine belief of ownership defeats the charge. The value element is the second-most-contested area: the dollar amount that separates a misdemeanor from a felony must be proved with actual evidence, not just the retail price sticker. A criminal defense attorney who reviews the prosecution's evidence early in the case can spot these weaknesses before they are locked in at trial.
Property crime cases are rarely as simple as the police report makes them look. There are several well-established defenses that an experienced attorney can raise, depending on the facts of your case.
The right time to act is now. The earlier an attorney gets involved, the more options are available. Charges can sometimes be resolved before they are formally filed. If you have been arrested or charged with a property crime in central Missouri, call Chris Miller at (573) 499-0200 for a free consultation.
There is a widespread misconception that property crimes are minor charges that can be handled without an attorney. For many people, this is a costly mistake.
Consider shoplifting. A first-offense retail theft of an item worth less than $150 is a Class D misdemeanor in Missouri — the lowest level of criminal offense. But if you have any prior stealing conviction anywhere on your record, the prosecutor can charge the same act as a felony. A felony conviction in Missouri carries prison time, loss of certain civil rights, and a permanent record that follows you everywhere. Handling a misdemeanor shoplifting charge on your own — without understanding your prior record's effect — can result in a felony plea you did not see coming.
Beyond the criminal penalties, employers and landlords routinely conduct background checks that reveal all criminal convictions, including misdemeanors. A theft conviction — even a misdemeanor — is a significant red flag for employers in most industries. Landlords can deny housing based on theft convictions. Professional licensing boards can deny or revoke licenses. The collateral consequences of a conviction often exceed the immediate criminal penalties.
Chris Miller is a Missouri criminal defense attorney licensed since 2012. He handles property crime cases throughout central Missouri — from Boone County to Callaway, Cole, Cooper, Howard, Moniteau, and the surrounding counties. He will review your case, explain the realistic outcomes, and give you a direct answer about your options. No handoffs to associates or paralegals. Your case stays with Chris from the first call to the final outcome.
You can also read more about signs that you need a property crimes attorney or return to the criminal defense practice area for an overview of all criminal defense services.
Free consultations, always. Call (573) 499-0200 or contact us online.