How can a defendant be charged with multiple degrees of the same charge for the same case, specifically Burglary in the Second Degree and Burglary in the Third Degree, in Kentucky? These are separate charges on a single indictment.
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How can a defendant be charged with multiple degrees of the same charge for the same case, specifically Burglary in the Second Degree and Burglary in the Third Degree, in Kentucky? These are separate charges on a single indictment.
It is possible that over the course of a series of acts, the defendant committed separate acts that could be charged as separate crimes. It is possible also that the prosecutor intends to drop one of the charges as the case proceeds.
The fundamental issue is whether you could be convicted of both second and third degree burglary for exactly the same act. The answer is no, you should only be susceptible to conviction for one of those charges.