A burglary occurs when someone unlawfully enters a building (usually a home or business) with the intent to commit a crime. Most commonly, the intended crime is theft, but it could also be assault, vandalism, or drug-related offenses. In fact, because the legal definition of burglary is broad, it can be charged in many different contexts. This wide range of circumstances can make it challenging to fully understand the best defense and the possible penalties. If you are facing a burglary charge, you will want to contact a Florence burglary lawyer who has decades of experience and advice that can help you navigate the case with attention to detail.

Contact a dedicated theft attorney at Busald Funk Zevely Law today for a free consultation.

Burglary Charges are Felonies

In Kentucky, there are three degrees of burglary, and each carries its own felony designation.

Burglary in the first degree (the most serious of the three) occurs when someone unlawfully enters a building to commit a crime and has a deadly weapon, physically harms someone, or threatens someone with a dangerous instrument (KRS § 511.020). This Class B felony carries a penalty of 10 to 20 years in prison.

Burglary in the second degree can be charged anytime someone unlawfully enters a place where someone lives with the intent to commit a crime (KRS § 511.030). This charge does not require the use of a weapon or threats of force, and it is a Class C felony that carries a penalty of 5 to 10 years in prison.

Finally, burglary in the third degree occurs when someone unlawfully enters a building that is not a dwelling (like a shed or business) with the intent to commit a crime (KRS § 511.040). This Class D felony carries a penalty of 1 to 5 years in prison.

A knowledgeable burglary lawyer in Florence could help you understand the differences between these charges and build a strong defense tailored to your specific case.

Aggravating Factors in Burglary Cases

The charges in a burglary case can be influenced by aggravating factors. These include prior convictions (especially for violent crimes) and whether or not anyone else was in the building when the burglary occurred. In addition, some specific locations (like churches and schools) have special designations that can carry harsher penalties for burglary.

Responding to a Burglary Charge

If police arrest or question someone about a burglary charge, it’s important that they avoid speaking with officers without an attorney present. If there is evidence that they did not commit the crime (such as surveillance footage or an alibi), they should gather supporting documents and witnesses to help make that defense.

Even if the person did commit the crime, there is a possibility for reduced penalties through negotiation. A Florence burglary attorney could help evaluate the prosecution’s evidence and point out flaws in procedure. In some cases, an attorney may be able to get the charges (and thus the penalties) reduced.

Some possible defense strategies include demonstrating that there was no intent to cause harm and disputing the presence of weapons.

In some cases, it might be advisable for the defendant to take a plea deal to avoid lengthier penalties. An attorney can help advise on this strategy as well.

Speak With A Florence Attorney if You are Facing Burglary Charges

If you are facing burglary charges in the first, second, or third degree, you should speak with a dedicated, focused attorney. A Florence burglary lawyer can evaluate your case and make recommendations about a defense strategy.

Contact us today to schedule a confidential consultation and begin building a strong legal defense. The sooner you act, the better your chances of protecting your rights and securing the best possible outcome.

Busald Funk Zevely PSC

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