Legal Question in Criminal Law in Missouri

First Degree Burglary, How is it defined in Missouri Law?

I have been accused of first degree burglary & Third degree

assault. I never entered the home of this person and he came out of his home swinging his fists at me and I defended

my self, But yet was arrested for the above, and would like to know how the Mo. law In St. Louis County reads on first degree Burglary Please. I have a witness that saw the man swinging his fist at me first.

Thank You,

--name removed--

Asked on 12/06/03, 2:35 pm

2 Answers from Attorneys

Tad Morlan Tad K. Morlan, Attorney at Law
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Re: First Degree Burglary, How is it defined in Missouri Law?

First Degree Burglary can be an entry into a dwelling with the intent to commit a crime. You need counsel as soon as possible.

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12/07/03, 3:28 pm
Michael R. Nack Michael R. Nack, Attorney at Law
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Re: First Degree Burglary, How is it defined in Missouri Law?

Burglary does require entry, but that entry might have been into a garage or some out building. The fact that you say you weren't inside makes me question upon what basis were you charged with burglary? On the assault charge, the fact that the other person swung at you first, and the fact that you have a witness might be of help to your attorney in presenting a defense. However, I am sure that the police and prosecuting attorney have some other testimony or evidence upon which to base this charge. There is no doubt that you need an attorney to represent you. If you are not already represented, you may call me for a free telephone consultation at 314-727-2822.

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12/06/03, 3:31 pm

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