In Kentucky, a person can be charged with differing degrees of burglary or criminal trespass. Both charges involve unlawful entry into a property, but each charge has different levels of severity with distinct consequences.

As experienced criminal defense lawyers in Lexington, Kentucky, at JPS Law, we often hear questions about the differences between burglary and criminal trespass charges. In this blog post, we'll break down these offenses as defined by Kentucky law.

What is Criminal Trespass?

• A person is accused of third-degree criminal trespass when they “knowingly enter or remain unlawfully in or upon premises” (KRS 511.080). In Kentucky law, “premises” can include property or a building, but does not necessarily include a dwelling where people are occupying a space. This is the least severe form of criminal trespass and is classified as a violation with penalties that include fines of at least $250.
• Second-degree criminal trespass occurs when a person “knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure” (KRS 511.070). This also includes purple markings on trees or postings on the property that demark property barriers. This offense is classified as a Class B misdemeanor with penalties that can include up to 90 days of imprisonment and/or a fine of up to $250 plus court costs.
• A person is accused of first-degree criminal trespass when they “knowingly enter or remain unlawfully in a dwelling” (KRS 511.080). In this case, different from second- and third-degree criminal trespass, a “dwelling” is defined as a building where a person is occupying a space. This is a Class A misdemeanor and can result in penalties of up to 12 months of imprisonment and/or a fine up to $500 plus court costs.
  

What Is Burglary?

In Kentucky statutes, it is also divided into three degrees, each with its own penalties. Burglary requires the proof of intent to commit a crime upon entry, while criminal trespass does not. Burglary is always a felony crime.

• A person is accused of third-degree burglary when they “knowingly enter or remain unlawfully in a building” with the intent to commit a crime (KRS 511.040). In Kentucky law, “building” can include property. This is a Class D felony charge with penalties that can include fines of over $1,000 and 1 to 5 years of prison.
• Second-degree burglary occurs when a person “with the intent to commit a crime, he or she knowingly enters or remains unlawfully in a dwelling.” (KRS 511.030). The distinction here is that this occurs in a building where people are occupying the space. This offense is classified as a Class C felony charge with penalties that can include fines of over $1,000 and 5 to 10 years of prison.
• A person is accused of first-degree burglary when they enter or remain in a building or dwelling, but “while in the building or in the immediate flight therefrom, he or she or another participant in the crime: (a) Is armed with explosives or a deadly weapon; (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” (KRS 511.020). Being armed and threatening violence or using violence is what differentiates this into a first-degree charge. This is a Class B felony and can result in fines of over $1,000 and 10 to 20 years of prison.
  

Contact Us to Learn More

Understanding the differences in Kentucky’s legal statutes is crucial when facing charges related to theft and unlawful entry. If you or someone you know is facing burglary or criminal trespass charges in Lexington or anywhere in Kentucky, don't hesitate to contact JPS Law for a consultation.

As experienced criminal defense lawyers who have worked cases throughout the Commonwealth, our legal team is committed to offering you with dependable legal representation.

Call us at (859) 940-7480 or contact JPS Law online and a member of our team will reach out to you.

Disclaimer: This blog provides general information and discussion about legal topics and services. The information herein should not be construed as legal advice, and readers should not act upon this information regarding their individual case without seeking professional counsel like that from our team at JPS Law.