Crimes are typically classified into different categories, which can include infractions, misdemeanors or felonies. Both misdemeanor and felony offenses are punished under the laws of the state where the crime was committed. Some felony offenses can also be charged as a federal crime, such as bank robbery, smuggling a controlled substance, certain types of kidnapping cases or bribing a public official.
Classification of Crimes
When you are charged with a misdemeanor, your punishment may include a fine and/or jail time. A first-time offender could receive probation depending upon the offense. The seriousness of the crime will dictate the severity of the punishment you receive. Common examples might include:
- Disorderly conduct, such as public drunkenness
- Prostitution
- Petty Theft or Larceny
- Indecent Exposure
- Driving Under the Influence
- Shoplifting
- Stalking
- Passing Bad Checks
- Domestic Violence
- Assault and Battery
- Criminal Mischief
Individuals convicted of a misdemeanor can have their criminal record expunged. They must petition the court where they were originally convicted no sooner than five years after they have completed their sentence. Certain types of crimes may be excluded from being expunged, such as those committed against children.
Felony Offenses in Kentucky
If the potential punishment for the crime carries a jail sentence of one year or more, it will be considered a felony offense. The Kentucky penal code outlines the punishment for different classes of felonies:
- Capital Felony Offense—Life imprisonment or death penalty
- Class A—20 years or more in state prison
- Class B—At least ten, but not more than 20 years in prison
- Class C—At least five, but not more than 10 years in prison
- Class D—At least one year, but not more than five years in prison
Felony crimes can range from drug charges, arson, armed robbery, rape, with murder being the most serious. Homicide, fetal homicide and certain kidnapping cases can all be charged as a capital offense. The prosecutor can seek the death penalty in these cases.
All felonies are punished by fines of $1,000 to $10,000 or double the amount of money gained from commission of the offense. When the court imposes a fine, they can take into consideration the ability of the defendant’s ability to pay the fine or if the fine imposes a hardship on the defendant’s family. If an offender over the age of 21 years commits a felony after being previously convicted of a felony offense, Kentucky state law requires them to be sentenced to the next highest degree. For example, if they are charged with committing a class D felony, the court will sentence them with the punishment for a Class C felony.
When to Seek Legal Advice
The state of Kentucky has adopted the three strikes law targeting repeat offenders and sending them to a term of life imprisonment, even if the crimes weren’t serious or violent in nature. If you have been arrested and charged with a crime, you should seek legal advice from an experienced criminal defense attorney. They can examine the facts of the case and make sure that the police or prosecution doesn’t violate your legal rights.
