At the Dan Carman, Attorney at Law, PLLC, we know that criminal charges can turn your life upside down. We know that you may be nervous, afraid and unsure of what to do or where to go.
Based in Lexington, we represent clients in Central Kentucky who find themselves facing burglary charges. Even if you are only a suspect and have not been formally charged, consulting with an attorney can help protect your rights. Our initial consultation is free. Don’t take chances when hiring a Kentucky criminal defense lawyer. Let us work with you to plan the aggressive defense that you will need. Use the convenient online inquiry form or call (859) 838-1415.
Kentucky Burglary Law
In Kentucky, burglary is defined as knowingly entering into a building, structure, or other real property without the authority to do so with the intent of committing a crime. Thus, the crime of burglary has two elements: entering and intent.
The prosecution must show that there was breaking into or entering on property that the accused did not have permission to enter in the first place, or that the accused remained on property after the time that he or she was permitted to be there had expired.
The prosecution must also prove beyond a reasonable doubt that the accused entered the property with the intent to commit a crime while there, which is most often the crime of theft. The timing of when the accused formed the intent can become very important to determining the degree of a burglary charge. If a person did not decide to commit a crime (such as stealing) until after he or she entered another person’s property, then the charge would not be first degree burglary.
Entering & Intent
If there is insufficient evidence to prove these two elements, a person cannot be convicted of burglary (although the prosecutor may secure a conviction for some other crime such as trespass or attempted burglary). Examples of burglary include breaking into a store in order to steal products, kicking in a door of someone else’s home with the intent to assault them, and using a hidden key to enter someone’s home to kidnap them.
If the property entered is not a dwelling (a residence), then the charge is burglary in the third degree, which carries a potential sentence of 1 to 5 years in prison. If the property is a dwelling, then the charge is burglary in the second degree, which carries a potential sentence of 5 to 10 years. First degree burglary carries a potential sentence of 10 to 20 years and is charged if there is a weapon involved, if someone is injured, or if someone is threatened with a dangerous instrument. All three offenses are also punishable by fines reaching up to $10,000.
Contact a KY Burglary Defense Lawyer Today
No matter what the circumstances of your burglary charge, you need to ensure that you have the assistance of a competent lawyer. At Dan Carman, Attorney at Law, PLLC, we have successfully defended countless individuals facing all types of burglary charges in the state.
Even if you believe you are guilty of burglary, or are found guilty, a lawyer can help you in many ways, including getting you the best possible sentence.
Attorney Dan Carman has wide-ranging experience from when he served in the United States Marine Corps as defense counsel, prosecutor, legal assistance attorney, and in-house counsel for an infantry battalion. He personally handles the cases of each client, and has the knowledge and skill to build a strong defense on your behalf, such as questioning when you formed the required intent or securing you reduced charges. If you have been accused of or arrested in Kentucky for burglary, let us handle your criminal charges. Call our offices today at (859) 838-1415 or fill out our online inquiry form.