Kentucky law differentiates between Robbery, Theft and Burglary as all are separately defined. This post will discuss the charges of 1st Degree Robbery and 2nd Degree Robbery in the Commonwealth of Kentucky. Essentially, Robbery is theft by force while Burglary is breaking and entering with the intent to commit a crime. The above links are prior posts describing theft and burglary.
515.020 Robbery in the first degree. (1) A person is guilty of robbery in the first degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when he: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Is armed with a deadly weapon; or (c) Uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime. (2) Robbery in the first degree is a Class B felony. Class B felony is punishable by 10-20 years in prison.
515.030 Robbery in the second degree.
(1) A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft.
(2) Robbery in the second degree is a Class C felony. Class C felony is punishable by 5-10 years in prison.
Another major consideration when considering a trial versus a plea deal is that the B Felony of Robbery in the 1st Degree is considered as a violent offense under Kentucky statutes. That is significant in dealing with the possibility of parole. Under normal conditions, an inmate is eligible for parole after serving 20% of his sentence in Kentucky. If the offense is considered a violent offense, parole eligibility is not available until the inmate serves 80% of his sentence. The difference in a 10 year prison term under Class C v. Class D may be 8 v. 2 years of actual time incarcerated.
If you have been charged with Robbery or any other crime in Northern Kentucky, you should discuss the case with an experienced criminal defense attorney. For a consultation with a lawyer in Gallatin, Boone, Campbell or Kenton Counties, call Michael Bouldin at 859-581-6453 or email at email@example.com