• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Baldani Law Group

Lexington & Central Kentucky Criminal Defense Attorneys

SCHEDULE A CONSULTATION

Call us 24/7 at
(859) 259-0727

  • Home
  • About Our Firm
    • Attorneys
      • Russ Baldani
      • Brandi Lewis
      • Tucker Richardson
      • Mike Rowland
      • Rachel Yavelak
      • Daniel Crall
    • Areas We Serve
      • Carlisle
      • Danville
      • Frankfort
      • Georgetown
      • Harrodsburg
      • Lawrenceburg
      • Lexington
      • Morehead
      • Mt. Vernon
      • Nicholasville
      • Paris
      • Richmond
      • Versailles
      • Williamstown
      • Winchester
    • Baldani Law Group Scholarship
  • Practice Areas
    • Criminal Defense
      • Appeals
      • Arson
      • Assault
      • Burglary
      • Criminal Trespass
      • Disorderly Conduct
      • Domestic Violence
        • Protective Order Violations
      • DUI
      • Drug Offenses
        • Marijuana Crimes
      • Expungements
      • Flagrant Non Support
      • Kidnapping
      • Misdemeanor
      • Probation Revocation
      • Professional License Defense
      • Sex Offenses
        • Possession of Child Pornography
      • Student Conduct & Discipline Hearings
        • Title IX Defense
      • Theft
        • Robbery
        • Shoplifting
        • Theft By Deception
      • Traffic Law
        • Reckless Driving
      • Federal Crimes
      • Murder
        • Manslaughter
          • Reckless Homicide
      • White Collar Crimes
    • Family Law
    • Personal Injury
  • Case Results
  • Reviews
  • Blog
  • Resources
    • Divorce FAQs
    • Fayette County Substance Abuse Resources
    • Kentucky Gun Law Guide
    • Automated Void & Seal Tool For Kentucky Possession of Marijuana Charges
    • Suppression Series
    • Understanding Kentucky Bond and Pretrial Release
    • UK Students Guide to Drinking, Drugs and the Police
  • Contact Us
Call
Contact
Blog
  • Home
  • About Our Firm
    • Attorneys
      • Russ Baldani
      • Brandi Lewis
      • Tucker Richardson
      • Mike Rowland
      • Rachel Yavelak
      • Daniel Crall
    • Areas We Serve
      • Carlisle
      • Danville
      • Frankfort
      • Georgetown
      • Harrodsburg
      • Lawrenceburg
      • Lexington
      • Morehead
      • Mt. Vernon
      • Nicholasville
      • Paris
      • Richmond
      • Versailles
      • Williamstown
      • Winchester
    • Baldani Law Group Scholarship
  • Practice Areas
    • Criminal Defense
      • Appeals
      • Arson
      • Assault
      • Burglary
      • Criminal Trespass
      • Disorderly Conduct
      • Domestic Violence
        • Protective Order Violations
      • DUI
      • Drug Offenses
        • Marijuana Crimes
      • Expungements
      • Flagrant Non Support
      • Kidnapping
      • Misdemeanor
      • Probation Revocation
      • Professional License Defense
      • Sex Offenses
        • Possession of Child Pornography
      • Student Conduct & Discipline Hearings
        • Title IX Defense
      • Theft
        • Robbery
        • Shoplifting
        • Theft By Deception
      • Traffic Law
        • Reckless Driving
      • Federal Crimes
      • Murder
        • Manslaughter
          • Reckless Homicide
      • White Collar Crimes
    • Family Law
    • Personal Injury
  • Case Results
  • Reviews
  • Blog
  • Resources
    • Divorce FAQs
    • Fayette County Substance Abuse Resources
    • Kentucky Gun Law Guide
    • Automated Void & Seal Tool For Kentucky Possession of Marijuana Charges
    • Suppression Series
    • Understanding Kentucky Bond and Pretrial Release
    • UK Students Guide to Drinking, Drugs and the Police
  • Contact Us

Burglary Lawyers Lexington, Kentucky

Types of Burglaries in Kentucky

A person can be charged with burglary for breaking into a home, a church, or even a boat with the intent to commit another crime, such as theft or vandalism. Kentucky’s burglary offenses are comprised of complex legal definitions that should be navigated by an experienced attorney who can make sure you haven’t been over-charged.

Burglary First Degree

Burglary law in Kentucky is comprised of four possible offenses. Under KRS 511.020, a person is guilty of burglary in the first degree when he or she knowingly enters or remains unlawfully in a building with the intent to commit a crime, and either while entering or while fleeing from the building, is either (1) armed with explosives or a deadly weapon; (2) causes physical injury to any person who is not a participant in the crime; or (3) uses or threatens the use of a dangerous instrument against any person who is not a participant in the crime.

A deadly weapon can include any of the following:

  • A weapon of mass destruction
  • Any weapon from which a shot, readily capable of producing death or other serious physical injuries, may be discharged
  • Billy, nightstick, or club
  • Blackjack or slapjack
  • Nunchaku karate sticks
  • Shuriken or death star
  • Artificial knuckles made from metal, plastic, or other similar hard material

Definition of “Dangerous Instrument”

A dangerous instrument is defined under Kentucky law as “any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.” Burglary in the first degree is a Class B felony and is punishable by 10 to 20 years in prison.

Burglary Second Degree

KRS 511.030 defines burglary in the second degree as knowingly entering or remaining in a dwelling with the intent to commit a crime. Burglary in the second degree is a Class C felony punishable by 5-10 years in prison.

Burglary Third Degree

Third-degree burglary under KRS 511.040 is when a person knowingly enters or remains in a building with the intent to commit a crime. Burglary in the third degree is a Class D felony punishable by 1-5 years in prison.

Possession of Burglar’s Tools

The final offense related to burglary is possession of burglar’s tools, which is contained in KRS 511.050. A person is guilty of this offense when he or she possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking under circumstances which leave no reasonable doubt as to his or her (1) intention to use the same in the commission of an offense of such character or (2) knowledge that some other person intends to use the same in the commission of an offense of such character. Possession of burglar’s tools is a Class A misdemeanor punishable by 1 year in jail.

Difference between “Building” and “Dwelling”

An important distinction within burglary law is the difference between a building and a dwelling. In Kentucky law, a “building” includes any structure, vehicle, watercraft, or aircraft where any person lives or where people assemble for purposes of business, government, education, religion, entertainment, or public transportation. In addition, separate units within a building can count as separate “buildings” under the law. In contrast, a “dwelling” is a building which is usually occupied by a person who lodges within it. Kentucky law also has a definition for “premises,” which includes a building and any real property.

Burglary Case Results

Case Dismissed For Client Facing Fifty Years in Prison for Burglary

Our client was facing fifty years in prison for multiple counts of Burglary First Degree, Theft, and Assault. The client firmly maintained his innocence throughout the process. Our firm completed a thorough investigation of the facts of the case and was able to find several inconsistencies in the alleged victim’s story. Before the case was over, the supposed victim was indicted on charges of her own, calling into question many of the allegations she made to the police. As a result, the prosecution chose to dismiss all counts against our client. He kept his job and his freedom.

If you are facing a burglary charge, give us a call at (866) 867-1036.

Case Resolved: November 2017

Lead Attorney:

Disclaimer: The facts and circumstances of each case are different and each case must be evaluated upon the unique facts and circumstances. That being the case, the results summarized here are not necessarily representative of the results obtained in all cases. Case summaries do not constitute a guarantee of any particular result in any legal matter. Not all cases handled by our firm are posted on our site.

If you or a loved one has been charged with burglary in Kentucky, don’t let your right to a defense slip by. For a consultation, contact us online or call us at (859) 259-0727.

Primary Sidebar

SCHEDULE A CONSULTATION

  • Please complete the form below. We’ll get back to you soon.

  • This field is for validation purposes and should be left unchanged.









Most Viewed

  • Can Convicted Felons Own A Gun In Kentucky?
  • Tips for an Effective Character Letter for a Judge
  • What Is the Age of Consent in Kentucky?
  • Do You Have to Identify Yourself to Kentucky Police?

Practice Areas


 

Criminal Defense


 

Family Law


 

Personal Injury


 

Expungements

Client Testimonials

I Couldn’t Ask For A Better Lawyer

Tucker is good at what he does and it shows. I couldn’t ask for a better lawyer. He treated me more like a friend than just another client. Money well spent. I would recommend him to anyone in search of a criminal defense lawyer. I asked around who was the best lawyer in town, I was told Baldani Law Group…

READ MORE

Did Not Give Up

Tucker Richardson worked really hard for me and did not give up during the arraignment for my second Alcohol Intoxication charge to prove there was no probable cause for my arrest. His effort and persistence ultimately led to the judge not wanting to send my case to trial and the charge of AI against me was dismissed…

READ MORE

HIGHLY Recommend

Too bad you can only give five stars!! Frankly, I’ve had to use the services of Tucker and Brandi more often than I want, but what a super job they did. They are professional, but they don’t lose that personal connection. I would HIGHLY recommend them to anyone, anytime. Love you guys!!!!

READ MORE

Amazing

Brandi Lewis is amazing!!! Great communication, clear expectations, efficient and effective. We honestly could not ask for more from her!!! This entire team is a very reputable office that should be used with any legal needs. Thanks for everything!!!

READ MORE

THIS IS THE FIRM YOU MUST CHOOSE!

If you are here reading reviews in hopes of finding a law firm that can help you and get you the best results possible, THIS IS THE FIRM YOU MUST CHOOSE! We hired Tucker a couple months back, the state was trying to void my probation an my future at freedom was at great risk.

READ MORE

I would highly recommend Whitney Rowe!

I would highly recommend Whitney Rowe! She was very easy to work with, communicated very clearly and had a sense of calm that was relieving as a client. She was up front with all the possible outcomes of the case and didn’t leave me with any false hope.

READ MORE

VIEW ALL TESTIMONIALS

Footer

BALDANI LAW GROUP
300 W Short Street, Lexington, KY 40507

(859) 259-0727 (Phone)

(859) 787-0259 (Fax)

Monday-Friday 8 a.m. to 5 p.m.

PROVEN RESULTS

Established in 1988, the Baldani Law Group has successfully represented thousands of individuals across the Commonwealth of Kentucky. With over 100 years of combined experience, let our team of attorneys fight for your rights.

Copyright © 2025 Baldani Law Group | Lexington Criminal Defense Lawyers | All Rights Reserved | Terms of Use | Privacy Policy | Anti-spam