Can I be charged with burglary 3rd degree when the shed I entered was left on property I bought and had been left there a month?

Asked over 1 year ago - Louisville, KY

In may of 2013 I bought 1 acre of property in Brandenburg, Ky. There was a shed left on the property ,Although there was nothing in my deed about the shed after 1 month with no contact from previous owner I entered the shed with the intent of cleaning it out for storage .3 days later I was charged with felony 3rd degree burglary on a shed that I thought I owned.. The junk that was removed was promptly returned and 3 weeks later the shed was moved.. But now im facing a grand jury trial for entering a shed that was in my back yard... How is this possible?

Attorney answers (2)

  1. Frank Mascagni III

    Contributor Level 20


    Lawyer agrees

    Answered . You need to hire a criminal defense attorney ASAP to defend you.

    Burglary III is a felony offense, Class D 1-5 years, fine up to $10,000.00, plus court costs of approx. $135.00 :
    § 511.040. Burglary in the third degree

    (1) A person is guilty of burglary in the third degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building.

    (2) Burglary in the third degree is a Class D felony.

    Cite as KRS 511.040

    History. Effective: July 15, 1980
    Amended 1980 Ky. Acts ch. 376, sec. 4, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 125, sec. 3, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 99, effective January 1, 1975.

    Kentucky Revised Statutes
    Current through 2013 Ky. Acts ch. 134
    § 511.010. Definitions

    The following definitions apply in this chapter unless the context otherwise requires:

    (1) "Building," in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft:
    (a) Where any person lives; or
    (b) Where people assemble for purposes of business, government, education, religion, entertainment or public transportation.
    Each unit of a building consisting of two (2) or more units separately secured or occupied is a separate building.

    (2) "Dwelling" means a building which is usually occupied by a person lodging therein.
    (3) "Premises" includes the term "building" as defined herein and any real property.
    Cite as KRS 511.010

    History. Effective: July 15, 1980
    Amended 1980 Ky. Acts ch. 376, sec. 1, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 406, sec. 96, effective January 1, 1975.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  2. Paul Ritchie Hobbs

    Contributor Level 9


    Lawyer agrees

    Answered . EXTREMELY IMPORTANT THAT YOU CONTACT A CRIMINAL DEFENSE ATTORNEY IMMEDIATELY! Have you made an initial appearance on this case yet (had an opportunity to plead "guilty" or "not guilty")? Based on the stated facts, there is a strong possibility that this case can be resolved without need for trial, but you will need a skilled advocate to explain and prove precisely what occurred.

    No attorney-client relationship has been created by answering this question. I make no guarantees as to the... more

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