burglary crime attorney

Being arrested for Burglary is normally daunting because of the severity of the crime. Hire Brendan McLeod the Owensboro Burglary Attorney near me. Burglary Crime has different degrees of severity, but the First Degree is a Class B Felony Crime and carries 10 to 20 years in the penitentiary with a 85 percent must serve. It is punished harshly but Burglary Crime's enhancement of another offense is where it really shocks the conscious.  Practicing as a Owensboro Criminal Defense Attorney and seeing how  violent crime has increased leads me to believe home invasion crime and burglary with handgun crimes will only become more numerous.  Kentucky Revised Statute Chapter 511 is titled "Burglary and Related Offenses."  These offenses under KRS 511 are property crimes and go from Burglary in the First Degree to Criminal Trespass in the Third Degree.

Burglary in the First Degree, KRS 511.020, distinguishes itself from the other lessor included charges as having been armed with a deadely weapon, causing physical injury or threatening to use a weapon or actually using a weapon. The last section of KRS 511.020 is new in 2022 and reads;

(2) Burglary in the first degree is a Class B felony, unless the offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or manmade disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class A felony. This most certainly was in response to the tornado destroyed area of Western Kentucky, Mayfield, Princeton, Dawson Springs and Bremen, Kentucky, where people were quick to prey on those effected by the 2021 tornados.  This additional language makes Burglary by up to BIG LIFE.

Another consequience of Burglary in the First Degree is when it is coupled with Murder.  It  makes the Murder a Capital Offense with a little extra.  The Burglary in the First Degree Crime or Robbery in the First Degree Charge will act as an aggravator on the Capital Murder Crime, turning it into a Murder into a "Death" qualified offense if it continues to trial.  Filing aggravators on a murder or qualifying the murder is the terminology when the Commonwealth Attorney is desiring to seek the death penalty. 

Criminal Trespass Crime is a lessor included of the family of Burglary Crime.   Criminal Trespass Crime, is possibly going onto someone's land or into without permission.  It doesn't seem to be charged with Domestic Abuse Crime, but instead the Felony Burglary Crime seems to be suited for that situation.  Burglary First, Second or Third Degree,  relates to someone's home, covered structure, garage or otherwise.  As a defense attorney and doing criminal defense my goal would be to try to beat the "threshold" of the house and get Criminal Trespass Charge of some kind as a lessor included. 

Where Criminal Trespass Crime seems to be most charged is back to the DC, AI and CT3, grouped charges.  Disorderly Conduct Crime is defined in different page and it explained how it was often part of three charges.  The charges were often grouped and just those three crimes of Disorderly Conduct Crime, Criminal Trespass Charge and Alcohol Intoxication.  The Criinal Trespass charge is expounded upon because it is a lessor- included charge of Burglary Crime. 

Burglary and deadly force in protecting the home is often covered by the Castle Doctrine.  Castle Doctrine Defined:   

A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place – e.g., a vehicle or home – as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and exceeding) which was otherwise not allowable.