Those who are accused of burglary in Kentucky face serious criminal charges with severe penalties. John Schmidt protects your rights and interests while mounting an aggressive defense of burglary charges in Kentucky. We work to reduce the seriousness of the actual charges you face as well as the associated consequences.
According to the Bureau of Justice burglary was the “most frequent charge of conviction” in Kentucky. Burglary is actually a complex crime and the prosecutor must prove a person entered a property without the permission or consent of the owner (known as trespassing) with the intention of committing a crime. If a person knowingly goes into or stays in any building with the intent to commit a crime, and is either armed (or carrying explosives), causes physical injury to another party and/or uses or threatens to use a “dangerous instrument” the prosecution will seek first degree felony burglary charges.
First degree burglary convictions carry a potential prison sentence of 10 to 20 years as well as a fine of up to $10,000.
A person who enters or remains in any dwelling with the intent to commit a crime in Kentucky can face second degree burglary charges resulting in 5 to 10 years in prison and a fine of up to $10,000.
If the building in question is not a residence, but a person enters or remains in the building with the intent to commit a crime it may be charged as a third degree burglary which carries a potential jail sentence of 1 to 5 years in prison and a fine of up to $10,000.
Prosecutors often charge “Possession of Burglar’s Tools” which is a Class A misdemeanor punishable by a sentence of up to 1 year in jail. The definition of “Burglar’s Tools” under Kentucky law is quite broad, however, the prosecution must prove “beyond a reasonable doubt” the intention to commit a crime with those tools.
It is absolutely possible to mount an aggressive defense of burglary charges in Bullitt or Hardin County Kentucky. For example, when your criminal defense attorney from The Law Offices of John Schmidt & Associates PLLC works to prove our client believed the building was abandoned it is almost impossible to prove they entered the premises with the intention of committing a crime. Perhaps the accused had permission to enter the premises, or entered a business which was open at the time and hid in the building or fell asleep until after hours.
In an aggressive defense of burglary charges in Kentucky our experienced criminal defense attorney John Schmidt will challenge that our client acted “knowingly.” Our client may have previously had permission to enter a building only to find out later that permission had been revoked. The prosecutor must prove our client intended to commit a crime – proving intentions is quite difficult. This is especially true when a person is under the influence of drugs or alcohol. Criminal defense also focuses upon challenging every step of the process including the rights of our client, every aspect of evidence collection, flawed witness testimony and administrative procedure.
If you are looking for an aggressive defense of burglary charges in Kentucky based upon more than 20 years of experience we invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the answers you need sound advice and counsel from an experienced, proven criminal defense attorney.
