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What is a common plea deal for burglary 1st in ky

Brooksville, KY |

i have no prior offences im 21 and was on drugs at the time of the crime. they indicted me with burglary 1st and 2 counts of theft by unlawful taking. i commeted the crime with a 17 yr old who is now 18 and facing the same charges as a adult. they have all the evidence they need to prove i did it and ive been cooperative since i got arrested. i have a paid attorney (supposedly the best around) but last time i was in court the judge said i will have a chance to work out a plea b4 i go back to court ....if i dont settle on something by then it will go to trial and i only have about 1 month left b4 my next court date. i know im preatty well screwed on all this and i will b doing some time. i know its a possible 12-30 years but im looking for how much time i will most likely serve. any ideas?

Attorney Answers 1

Posted

According to Kentucky Statutes, Burglary in the First Degree is a class B Felony (KRS 511.020). A person can be found guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the use of a dangerous instrument against any person who is
not a participant in the crime.

By your description and the length of incarceration you listed, I must assume that the charges of Unlawful Taking were for more than $500, a Class D Felony. According to KRS 514.030, in general, Theft by Unlawful Taking is a Class A misdemeanor unless the value of the property is five hundred dollars ($500) or more, in which case it is a Class D felony;

A Class B Felony carries with it a 10 to 20 year sentence of imprisonment. A Class D Felony carries with it a 1 to 5 year term of imprisonment. Since you stated you would have to serve 12 to 30 years, I believe they are talking about consecutive sentences for alleged crimes committed at different times. (See KRS 532.110)

Kentucky Administrative Regulation 501 KAR 1:030 determines the actual time of your sentence. Quite frankly, to provide an accurate assessment regarding the amount of time you would serve requires additional facts. However, since your case is still pending, I do not recommend you make any statements on this website or anywhere else as they could be used against you. Therefore, I will base my answer using the worse case scenario. Since the crime occurred after June 26, 2007, 501 KAR 1:030 indicates that you would be eligible for parole after serveing 85 % of sentence received or twenty (20) years, whichever is less. In this case, 10.2 years to 20 years.

However, I did glean from your question that you may have a defense which your lawyer could use to reduce the charges on a plea deal or at trial.

This answer is for informational purposes only. Nothing in this answer should be construed as creating an attorney-client relationship.

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2 comments

Asker

Posted

well i was assuming the 12-30 by the charges but yes they were over 500.... one was a gun that we stole which is why its a 1st degree burglary. i was dumb and intoxicated and basicly told on myself so they have all the eveidence they need and basicly know what i do remember of the crime. i was more really tring to look for what you think i will get as a plea deal. its my first offence i was intoxicated and im scared to death about getting locked up. ive been cooperative since i got out on bond and ive passed all my drug test. i jus think that if i get some real guesses on time i will serve with a plea deal it might help me cope with it by the time i get sentenced. so far nobody will even give me a rough guess cus they dont want me to think im going to get what they say.....i just want a realistic guess for someone in my situation. oh an not sure if it matters but i have 2 weeks i was in jail b4 i got out on bond. thank you for any help with my question.

Stephen J. Isaacs

Stephen J. Isaacs

Posted

First, please do not make statements on this website about any illegal activity you did. It could be used against you as an admission. Second, if the gun was stolen during the burglary, then the sentences may run concurrently - at the same time. This would reduce the maximum sentence to 10 to 20 years for a class B felony. Third, I have twice read in your responses facts which indicate to me that you have defenses available to you to reduce the charges and therefore sentences against you. Please discuss possible defenses with your attorney.

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