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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?

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


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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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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 accuracy of any information I contribute in answering any inquiry on Avvo and I strongly encourage all concerns be addressed in the private counsel of an attorney personally contacted and retained.

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