Arrested for Burglary is normally a daunting because of the severity of the crime and you need to get our Burglary Crime Defense Attorney. 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 at 85 percent. It is punished harshly but Burglary Crime's enhancement of another offense is where it really shocks the conscious. Practicing as a Louisville Criminal Defense Attorney and seeing how crime violent crime has increased leads me to believe home invasion crime and burglary with handgun crimes will only become more numerous.
Burglary in the First Degree coupled with Murder 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 Crime where "Death" can be an option for punishment. Filing aggravators on a murder or qualifying the murder is the terminology when the Commonwealth Attorney is desiring to seek the death penalty.
As stated in the Robbery section, as an example to distinguish the two, Burglary is a property crime. When people say there home was robbed it really makes no sense. However, home invasions is a phenomena very old to earth, but has increased in occurrence with the proliferation of drugs and humongous street prices for those drugs. A number of people, or one, busting into a home with weapons is appropriately named a home invasion. They happen a lot here in Louisville, Kentucky and happened to a really good friend of mine and his family. My friend was shot and they had threatened to rape his girlfriend and also his sister who was there. They grabbed his little brother and held a gun to his head and scoured the house. Unbeknownst to them is that their mother was hiding under a bed in the next room with 911 on the line. They listened to the whole thing and quickly had police surround the home. It was very troubling that the home invaders had no masks to cover their face. I don't think the family new how lucky they had been to get out of that situation, and then again, of course they did!
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.
If arrested for a burglary crime and it is coupled with a domestic violence crime, a gun crime or both, the bond will be incredibly high. You then hire the Burglary Crime Attorney in Louisville, Kentucky to defend you, starting by getting bond reduction. There are probably probation revocation problems and if the handgun or firearm was illegal to have then contempt or other remedies will be added.
Burglary, historically, has been held to be one of the worst offenses. In fact, burglary crime his so against societal feelings that w a very strong self-defense immunity is legislated into the law. The "Castle Doctrine" is legislated into the Kentucky Revised Statutes and has plenty of case law defining its confines. Burglary is a Class B Felony and is not punished nearly the harshest of crimes, but you may get shot and killed going in. Just as other crimes reflect, however, burglary has to do with where you live and you should not feel vulnerable in your home.
Another throwback to the importance of home and its stability deals with the charge Arson. Arson in the first Degree carries 20-50 to life. Arson Crime, Capital Murder, Rape (under 12), Sodomy (under 12) are the only charges that carry the same amount of time as Arson Crime. It directly reflects the day when the destruction of your home of would have led to the death of you and your family. If not death, such economic hardship because few, if any, had insurance.