If you need a Lexington burglary lawyer, Suhre & Associates, LLC can help. The criminal justice system is not something that you want to be caught up in. Once the system has you, it can be extremely difficult to get your life back on track.
Nobody understands this better than Suhre & Associates, LLC. We have over 100 years of combined experience in criminal defense. Some people ask defense lawyers how we can defend someone accused of a crime. The answer is simple: we are in the second chance business.
Get in touch with us right away at (859) 569-4014 for a free consultation to start fighting the allegations against you.
How Can Suhre & Associates, LLC Help With Burglary Charges in Lexington?
Lexington burglary lawyers at Suhre & Associates, LLC know how isolated and alone one can feel when accused of a crime. That’s where we come in.
When you hire us to represent you, we become your closest confidant when there is nobody else to turn to. We will listen compassionately to what happened and how you are feeling. Then we will tenaciously defend all of your constitutional rights and your reputation with everything we’ve got.
Our team includes career defense lawyers, former prosecutors, and former police officers. For instance, founding attorney Joe Suhre was a cop for five years prior to attending law school and choosing to fight for your rights. After 20 years on the defense side, he knows how to use his police training to find where law enforcement made critical missteps.
Some of the actions we may take, depending on your unique case, include:
- Finding and questioning witnesses
- Using investigators to build your defense
- Advising you to remain silent
- Arguing motions to suppress evidence
- Taking your case to trial to prove your innocence
Our Lexington criminal defense lawyers understand that cases are often won and lost in the tiny details. This is why we pour over every shred of evidence against you. We will search for holes in the state’s case and use them to help you.
Contact us today for a free consultation with a Lexington criminal defense attorney.
What is the Difference Between Burglary and Robbery in Kentucky?
Many people get confused about the difference between burglary and robbery in Kentucky. If you are charged with burglary, it is important for you to understand the differences between the two.
The crime of burglary has four elements:
- The defendant
- Entered (or remained in) a building or residence
- With the intent to commit a crime
If the defendant knowingly enters a residence to commit a crime, it is a Second Degree Burglary — a Class C Felony. If the defendant entered a building (not a residence), it is a Third Degree Burglary, a Class D Felony.
The presence of additional facts can turn a burglary into a Class B Felony known as Burglary in the First Degree. This is the most serious type of burglary.
The presence of one of the following factors can constitute Burglary in the First Degree:
- The defendant possessed explosives or a deadly weapon
- The defendant injured someone
- The defendant used or threatened to use a dangerous instrument
A robbery, on the other hand, does not require entry into a building or residence. A robbery can take place outside in public, for instance. A robbery is defined in Kentucky as using or threatening to use physical force to accomplish a theft.
Most robberies are charged as Robbery in the Second Degree, a Class C Felony. However, suppose the defendant injured the robbery victim, possessed a deadly weapon, or used or threatened to use a dangerous instrument. In this case, the crime would be a Robbery in the First Degree, a Class B Felony.
As you can see from these definitions, a burglary is a very different crime than a robbery. A robbery must involve an intent to steal property. A burglary can involve the intent to commit any crime once inside the building.
Because a burglary charge involves entry to commit any crime, burglary charges are often tacked on to cases involving other charges. For instance, breaking into a building to illegally record conversations could be charged as a burglary. Stolen property doesn’t even need to be involved in a burglary case, although it often is.
What are the Penalties if Convicted of a Burglary Charge?
Burglary charges are always classified as felonies. A felony is the most serious type of crimeand can lead to years behind bars and an extended period of community supervision. Suhre & Associates, LLC understands how scary burglary charges are, which is why we fight these cases so hard and challenge the state’s evidence at every turn.
We will do everything we can to avoid a conviction and these penalties being imposed. The possible penalties for a burglary conviction are as follows:
- Class B Felony: 10 years prison minimum, 20 years maximum
- Class C Felony: 5 years prison minimum, 10 years maximum
- Class D Felony: 1 year prison minimum, 5 years maximum
As long as you are not classified as a violent offender, you will likely be eligible to earn “Good Time” which can reduce the actual time you serve. Good time is sentence credit you earn for good behavior while in custody. In Kentucky, Good time is a maximum 10 days of sentence credit for each month served with good behavior.
Sometimes, it is possible to get probation as part of a sentence, whether as part of a plea deal or at a sentencing hearing after a conviction. Probation involves many burdensome conditions, but it can be a beneficial tool to reduce the amount of time spent in prison. Of course, probation can be revoked if the conditions are violated and a prison sentence reimposed.
Suhre & Associates, LLC leaves no stone unturned fighting to avoid a conviction. If it does happen, we know how to put together compelling sentencing arguments to try to obtain a lenient sentence based on mitigating factors.
Contact our team for your free consultation. We want to get started fighting for your future.
What Defenses Can Be Used to Defend Against a Burglary Charge?
There are strong defense strategies we can use to fight back against burglary allegations. It is important to understand that every case is unique, and no two cases will have the same defense strategies. We will need to carefully go over the facts of your case to properly advise you.
Some defenses that may be available include:
- Arguing a confession violated your Miranda Rights
- Arguing evidence was seized in violation of the Fourth Amendment
- Arguing the state did not properly identify you as the perpetrator
- Proving that you are innocent due to an alibi
- Showing the state cannot meet its burden of proof
Our experience in court makes us highly qualified to fight for you at every turn. Our experience going toe to toe with prosecutors means we are strong at trial and at the negotiation table. When you retain us, we will discuss the strengths and weaknesses of your case. Based on your goals, we can sometimes achieve a favorable resolution without a trial if it is in your best interest.
You need a lawyer that you can trust completely. Our reputation should leave you assured that Suhre & Associates, LLC is the right team for you. Do not wait to contact us, the police are actively building their case against you; time is of the essence.
Contact Our Lexington Burglary Lawyer for Help
The Lexington burglary lawyers at Suhre & Associates, LLC are passionate defenders of the accused. Our Kentucky criminal defense attorneys believe you are innocent until the state proves otherwise.
We know how to challenge the state’s case and fight to prove your innocence. Do not let the state drag your good name through the mud and threaten your future. Contact us today for your free consultation.
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