Kentucky law has many different classifications when it comes to the taking of another person’s property. One such category is referred to as “Theft by Unlawful Taking” – or TBUT, for short.
Depending on a number of factors, including the amount stolen, theft by unlawful taking can result in charges ranging from a Class A misdemeanor to a Class B felony. If you or a loved one has been charged with theft by unlawful taking, the criminal defense lawyers with Dan Carman and Attorneys can help. We will investigate your case and provide you with an aggressive, skilled defense, making sure that your rights are being protected in the process.
Punishments for Theft by Unlawful Taking
The laws in Kentucky are very specific regarding the punishments levied against those charged with TBUT. The penalties are set forth by statute 514.030. Here are the terms as specified in the statute:
Theft by unlawful taking occurs when a person intentionally takes control over another person’s movable property or obtains another’s immovable property with the intention of benefitting either themselves or someone else who is not entitled to said property.
Theft by unlawful taking is a Class A misdemeanor in Kentucky, unless:
- The theft is of a firearm, in which case it is a Class D felony.
- The theft is of anhydrous ammonia, in which case it is a Class D felony. If theft of anhydrous ammonia is accompanied by the intent of making methamphetamines, it is a Class B felony and a Class A felony for all subsequent offenses.
- The theft is of controlled substances valued at less than $10,000, in which case it is a Class D felony.
- The stolen property is worth $500 or more and under $10,000, in which case it is a Class D felony.
- The stolen property is worth $10,000 or more and under $1 million, in which case it is a Class C felony.
- The stolen property is worth $1 million and less than $10 million, in which case it is a Class B felony.
- The stolen property is worth $10 million or more, in which case it is a Class B felony.
In other words, penalties for lesser amounts (under $500) are going to be less severe than those involving greater amounts, and that sliding of punishment scale only gets larger as the value increases. Additionally, penalties are more severe when drugs or the manufacturing of drugs is involved. As is the case with most crimes, punishments can be made more severe if they are combined with other charges or if the person has a criminal record.
How an Attorney Can Help
Your attorney will investigate the circumstances surrounding your arrest, the value of the property, and many other factors. A skilled, experienced criminal defense attorney will also consult expert witnesses or testimonies and look for ways to lessen the charges you face.
If you or your loved one is facing theft by unlawful taking charges, contact the Kentucky criminal defense lawyers with Dan Carman and Attorneys. We will leave no stone unturned in building your defense, making sure that you are given fair treatment under the law. No matter what part of Kentucky you live in, don’t hesitate to give our legal team a call any time, as it is important to contact an attorney as soon as possible to ensure the best possible outcome for your case.
