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Robbery, Burglary, and Theft in Kentucky

Posted on February 1, 2016 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In Kentucky, the charges of Robbery, Burglary and Theft are often closely intertwined.  The KRS statutes are all within the criminal charges section, defined as the Kentucky Penal Code, and they are related insofar as the essential elements overlap and seem very similar at first glance.  While they do overlap, they are separate and distinct charges.

Theft is the unlawful taking of the property of another.  Theft and related offenses are located in KRS 514 and following.

Robbery is defined as using force or threatened use of force to commit a theft and is codified in KRS 515.010, 020 and 030.

Burglary is breaking and entering, or illegally being on property of another, with the intent of committing a crime. Burglary is codified in KRS 511 et al.  Often this is confusing because the crime is presumed and often is that of theft.  However, a defendant can be charged and convicted of breaking and entering to commit any crime.  Other crimes may be attempted rape, assault, or arson.

All of these charges are serious charges and, unless the theft is under $500, are generally felony charges.  If you have been charged with Robbery, theft or burglary, you need to hire an experienced criminal defense attorney.  For representation in Campbell, Kenton, Boone or Grant county, call Michael Bouldin at the Bouldin Law Firm.  Call Mike at 859-581-6453 or email at mike@bouldinlawfirm.com.

What is Felony Theft in Kentucky?

Posted on January 10, 2016 in Uncategorized

Felony theft in Kentucky is any theft where the value of the items stolen is over $500.  Felony theft is generally a class D felony, which is punishable by up to 1-5 years in prison.  If the value exceeds $10,000, the theft may be charged as a class C felony.  Also, theft is not to be confused with Robbery.

Pursuant to KRS 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. Robbery does not require a certain value of the item stolen to be considered a felony.

Class C felonies carry penalties from 5-10 years in prison in addition to financial penalties and court costs.

Theft under $500 is generally a misdemeanor in Kentucky.  A misdemeanor can carry up to 12 months in jail and up to $500 fine in addition to court costs.  While these are possibilities, it is unusual for this punishment, especially if charged as a first offense.  Guns, violence, robbery or burglary greatly enhance the penalties and potential therefore.  Some misdemeanors are eligible for probation, mediation or diversion.  An attorney can help you get the best deal possible for your charges and based on the facts of your case.

If you have been charged with misdemeanor or felony theft in Kentucky, you will undoubtedly be best served by hiring an atorney.  For consultation in Northern Kentucky, call Bouldin Law Firm and schedule an appointment to speak to Michael Bouldin.  Call 581-MIKE or email at mwbouldin2@gmail.com . Call 859-581-6453 and speak to Mike or Emily to schedule a consultation. 

What is Limit For Felony Theft in Kentucky?

Posted on December 23, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In general, the limit for misdemeanor theft in Kentucky is $499. If the value of the property is $500 or more, the theft can be charged as a felony.

KRS 514.030 defines Theft by unlawful taking or disposition — Penalties. (1) Except as otherwise provided in KRS 217.181, a person is guilty of theft by unlawful taking or disposition when he unlawfully: (a) Takes or exercises control over movable property of another with intent to deprive him thereof; or (b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto. (2) Theft by unlawful taking or disposition is a Class A misdemeanor unless: (a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony; (b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense; (c) The property is one (1) or more controlled substances valued collectively at less than ten thousand dollars ($10,000), in which case it is a Class D felony; (d) The value of the property is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; (e) The value of the property is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000), in which case it is a Class C felony; (f) The value of the property is one million dollars ($1,000,000) or more but less than ten million dollars ($10,000,000), in which case it is a Class B felony.

If you have been charged with theft, you need to hire an experienced criminal defense attorney. For consultation in Northern Kentucky, call the Bouldin Law Firm at 859-581-6453 or email Michael Bouldin directly at mwbouldin2@gmail.com.  An attorney can advise you of your rights and assure that they are protected.  An attorney may be able to secure a place with misdemeanor or felony diversion, negotiate a deal, appeal to minimize the sentence, or discuss trial strategy.  Don’t make the mistake of trying to “handle” your case alone and turn a shoplifting charge into a felony.

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