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How much time would someone get for burglary 2nd, burglary 3rd, criminal mischief 1st degree and drug pharapinal?

Morehead, KY |

stole over 10,000 dollars worth of stuff. only thing on his record is dui..?

Attorney Answers 2

Posted

Someone facing those charges should hire an attorney. While some of those are felony charges, which are very serious, often times first time felony offenders can stay out of jail by either diversion pleas or having the felonies amended down to misdemeanors. You should contact an attorney as soon as possible.

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Burglary II and III are felonies; Criminal Mischief I is also a felony. Drug para. is a misdemeanor. Class C felony: 5-10 years: Class D felony : 1-5 years: Class A misdemeanor: up to 365 days and/or up to $500.00 fine plus courts costs.

Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 511. BURGLARY AND RELATED OFFENSES

Current through 2012 First Extraordinary Session

§ 511.030. Burglary in the second degree

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

(2) Burglary in the second degree is a Class C felony.

Cite as KRS 511.030

History. Effective: July 15, 1980
Amended 1980 Ky. Acts ch. 376, sec. 3, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 125, sec. 2, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 98, effective January 1, 1975.
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 511. BURGLARY AND RELATED OFFENSES

Current through 2012 First Extraordinary Session

§ 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.
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 512. CRIMINAL DAMAGE TO PROPERTY

Current through 2012 First Extraordinary Session

§ 512.020. Criminal mischief in the first degree

(1) A person is guilty of criminal mischief in the first degree when, having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property causing pecuniary loss of $1,000 or more.

(2) Criminal mischief in the first degree is a Class D felony.

Cite as KRS 512.020

History. Effective: January 1, 1975
Amended 1976 Ky. Acts ch. 183, sec. 3. -- Created 1974 Ky. Acts ch. 406, sec. 106, effective January 1, 1975.
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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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Frank Mascagni III

Frank Mascagni III

Posted

Kentucky Revised Statutes Title 18. PUBLIC HEALTH Chapter 218A. CONTROLLED SUBSTANCES Drug Paraphernalia Current through 2012 First Extraordinary Session § 218A.500. Definitions for KRS 218A.500 and 218A.510 - Unlawful practices -Penalties As used in this section and KRS 218A.510: (1) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes but is not limited to: (a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances; (e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances; (g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana; (h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances; (i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; (j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; (k) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and (l) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips which mean objects used to hold burning material, such as marijuana cigarettes, that have become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers. (2) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. (3) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analy

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