Lexington Trespassing Defense Attorney
Kentucky Trespassing Crimes
In Kentucky, Criminal Trespassing is a general term used to describe the act of knowingly being somewhere you are not legally permitted to be. Of course, the severity of the charge depends in large part on the facts and circumstances surrounding the trespass. This is best explained by use of an easy example:
Imagine a person enters a large field that they know they do not own and have no real legal right to enter. That person is technically “trespassing.” This would be considered Criminal Trespass in the Third Degree.
Now imagine that the field was surrounded by a fence that is surrounded by a fence with tons of NO TRESPASSING signs posted. If the person jumps over the fence, this is a bit worse than merely walking into the field. This would be considered Criminal Trespass in the Second Degree.
Now imagine that the person walked through the field and into a dwelling that is sitting on the property. This is Criminal Trespass in the Third Degree.
In Kentucky, there are three degrees of Criminal Trespass:
- Criminal Trespass in the First Degree is a Class A misdemeanor.
- Criminal Trespass in the Second Degree is a Class B misdemeanor.
- Criminal Trespass in the Third Degree is a violation.
Our skilled criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our criminal defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.
It is important that the prosecutors know that you have attorneys who won’t back down. Walk into the courtroom with attorneys with a proven track record of success, who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.
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Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with a trespass crime you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
What are the penalties for Criminal Trespass in the First Degree in Kentucky?
Criminal Trespass in the First Degree is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00.
What are the penalties for Criminal Trespass in the Second Degree in Kentucky?
Criminal Trespass in the Second Degree is a Class B misdemeanor in Kentucky and carries a sentence of up to 90 days in jail. It can also carry a fine of up to $250.00.
What are the penalties for Criminal Trespass in the Third Degree in Kentucky?
Criminal Trespass in the Third Degree is a violation in Kentucky and carries a fine of up to $250.00.
You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your criminal trespass charges.
When it comes to trespass crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, criminal trespassing charges are a result of a misunderstanding. In order to be convicted, the prosecution must prove you acted intentionally. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
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CIR Legal’s criminal defense attorney services include offering a free consultation and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. Call our office at 859-636-6803 or fill out our form on this website to schedule your free consultation.
Want to know more? We have included Kentucky criminal trespass laws below!
(1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling.
(2) Criminal trespass in the first degree is a Class A misdemeanor.
If you or someone you care about has been charged with a trespassing in the first degree crime, contact our reputable criminal defense lawyers or trespassing lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.
(2) Criminal trespass in the second degree is a Class B misdemeanor.
If you or someone you care about has been charged with a trespassing crime in second degree, contact our reputable criminal defense lawyers or trespassing lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.
(2) Criminal trespass in the third degree is a violation.
If you or someone you care about has been charged with a trespassing in the third degree crime, contact our reputable criminal defense lawyers or trespassing lawyers as soon as possible by calling 859-636-6803.
(1) As used in this section, “”domestic violence shelter”” means a residential facility providing protective shelter services for domestic violence victims.
(2) A person is guilty of domestic violence shelter trespass when:
(a) The person enters the buildings or premises of a domestic violence shelter that the person knows or should know is a domestic violence shelter or which is clearly marked on the building or premises as being a domestic violence shelter; and
(b) At the time of the entering, the person is the subject of an order of protection as defined in KRS 403.720 and 456.010.
(3) It shall be a defense to a prosecution under this section that the person entered the shelter with the permission of the operator of the shelter after disclosing to the operator that the person is the subject of an order of protection or a foreign protective order. Authority to enter under this subsection may not be granted by a person taking shelter at the facility.
(4) A person shall not be convicted of a violation of this section and a violation of KRS 511.060, 511.070, or 511.080 arising from the same act of trespass.
(5) Domestic violence shelter trespass is a Class A misdemeanor.
If you or someone you care about has been charged with a trespassing crime in Kentucky, contact our reputable criminal defense lawyers or trespassing lawyers as soon as possible by calling 859-636-6803.
(1) As used in this section:
(a) “Key infrastructure assets” means:
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- Any critical node of a system used in the production or generation of electrical energy;
- A petroleum refinery;
- A rubber or hazardous chemical manufacturing facility;
- A petroleum or hazardous chemical storage facility or terminal;
- Natural gas processing, fractionation, stabilization, and compressor station facilities, as well as above-ground pipelines and related facilities;
- Railroad yards and railroad tunnel portals;
- A drinking water collection, treatment, or storage facility;
- Grounds or property of a state prison, juvenile justice facility, jail, or other facility for the detention of persons charged with or convicted of crimes;
- A facility used for research, development, design, production, delivery, or maintenance of military weapons systems, subsystems, and components or parts to meet military requirements of the United States; or
- A wireless communications facility, including the tower, antennae, support structures and all associated ground-based equipment, and a telecommunications central switching office; and
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(b) “Unmanned aircraft system” means an aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system.
(2) (a) A person commits the offense of trespass upon key infrastructure assets if he or she knowingly enters or remains unlawfully in or upon real property on which key infrastructure assets are located.
(b) A person commits the offense of trespass upon key infrastructure assets if he or she knowingly uses, or retains or authorizes a person to use, an unmanned aircraft system to fly above real property on which key infrastructure assets are located with the intent to cause harm or damage to or conduct surveillance of the key infrastructure asset without the prior consent of the owner, tenant, or lessee of the real property.
(3) Trespass upon key infrastructure assets is a Class B misdemeanor for the first offense, and a Class A misdemeanor for a second or subsequent offense.
(4) This section does not apply to:
(a) An unmanned aircraft system used by the federal government or by the Commonwealth, or by a person acting pursuant to a contract with the federal government or the Commonwealth;
(b) An unmanned aircraft system used by:
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- The owner of the real property or key infrastructure asset;
- A person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right granted by the owner of the real property or key infrastructure asset; or
- A third party who is retained or authorized by a person specified in subparagraph 1. or 2. of this paragraph;
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(c) An unmanned aircraft system used by a law enforcement agency, emergency medical service agency, hazardous material response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose;
(d) Operation of an unmanned aircraft system by a person or entity for a commercial purpose in compliance with applicable Federal Aviation Administration authorization, regulations, or exemptions;
(e) A satellite orbiting the earth;
(f) An unmanned aircraft system used by an insurance company or a person acting on behalf of an insurance company for purposes of underwriting an insurance risk or investigating damage to insured property; or
(g) An unmanned aircraft system used strictly in accordance with an order of a court of competent jurisdiction.
If you or someone you care about has been charged with a trespassing charge in Kentucky, contact our reputable criminal defense lawyers or trespassing lawyers as soon as possible by calling 859-636-6803.
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