What factor differentiates First Degree from Second Degree Burglary?

The factor that differentiates First Degree from Second Degree Burglary is primarily the possession of a weapon during the crime. In Missouri law, First Degree Burglary typically involves the entry into a building or dwelling with the intent to commit a crime therein while being armed with a deadly weapon or potentially using or threatening physical force. This elevates the severity of the crime, reflecting a greater danger to victims and law enforcement given the presence of a weapon.

In contrast, Second Degree Burglary generally involves entering a building with the intent to commit a crime, but without the presence of a weapon or the use of physical force during the commission of the burglary. The absence of these escalatory factors demonstrates a distinction in the potential threat level posed by the offender, leading to differing degrees of sentencing and legal implications for the crimes committed.

Thus, the presence of a weapon fundamentally alters the classification of the burglary charge in Missouri, making it a key differentiator between First and Second Degree Burglary.