Kentucky Felony vs Misdemeanor: Understand the Differences

Under Kentucky law, criminal charges are generally classified as either felonies or misdemeanors. Those classifications affect what the potential penalties are, as well as criminal records and legal consequences. 

In this article, we will explore that distinction. It’s important to understand it, as that helps defendants, victims, and family members navigate the complexities of the criminal justice system and make informed decisions. 

Definition of a Misdemeanor in Kentucky

In Kentucky, misdemeanors describe less serious crimes, namely classified as:

• Class A Misdemeanor: up to 12 months in jail and/or fines up to $500 (KRS §532.060). 
• Class B Misdemeanor: up to 90 days in jail and/or fines up to $250. 
• Class C Misdemeanor: up to 30 days in jail and/or fines up to $100.

Examples of misdemeanors include DUI (when it’s a first offense), petty theft, simple assault, and disorderly conduct. The potential consequences generally involve shorter jail time, and the long-term consequences are much lighter compared to felonies. 

Definition of a Felony in Kentucky

Felonies describe more serious crimes – and they carry more severe penalties. They are classified as:

• Class A Felony: life imprisonment or death in the most severe cases (e.g., murder). 
• Class B Felony: 20 years imprisonment. 
• Class C Felony: 10 years imprisonment. 
• Class D Felony: 5 years imprisonment. 
• Class E Felony: 5 years or less in prison (KRS §532.020).

For example, a felony is murder, rape, armed robbery, burglary, and certain drug offenses. Felonies often carry serious long-term consequences, such as losing your voting rights, difficulty getting a job, and restrictions on gun ownership. 

Key Differences Between Felonies and Misdemeanors

Let’s have a detailed look into how felonies and misdemeanors differ. 

• Severity: Misdemeanors are less serious, whereas felonies are serious crimes. 
• Potential Jail/Prison time: For misdemeanors, it’s up to 12 months, and for felonies – 1 year to life or death. 
• Fines: Misdemeanors carry fines of up to $500, whereas for felonies they are higher, depending on class. 
• Long-Term Consequences: For misdemeanors, they’re usually minor, whereas for felonies they often are significant – criminal record, civil liabilities, and loss of rights. 
• Court Proceedings: Misdemeanors are typically handled in District Court, and felonies – in Circuit Court. 

Additionally, under Kentucky law some crimes may be elevated or reduced, depending on the circumstances, such as prior convictions or use of a weapon. 

Legal Process Differences

Misdemeanors are typically handled in District Court, and the process is rather quick. Felonies, however, are prosecuted in Circuit Court, and could involve:

• Preliminary hearings. 
• Grand jury indictments for serious offenses. 
• Longer trials with more complex procedures.

A defendant in a felony case is very likely to require an experienced criminal defense attorney, due to higher stakes and very strict procedural rules. 

Impact on Your Life and Record 

Convictions can have a significant impact on your future. Most commonly, they will affect your employment opportunities, your professional licenses, gun ownership rights, and for felonies, your voting rights. 

Misdemeanors often carry lighter and fewer long-term consequences, however multiple misdemeanors can result in enhanced penalties, and they can even be reclassified as felonies under habitual offender laws (KRS §532.080).

In some cases, expungement is a possibility for certain misdemeanors and for some felonies, provided sentence requirements are completed. 

When to Seek Legal Help

Whether a misdemeanor or a felony, any criminal charge has serious consequences, and can alter your life in long-lasting ways. An experienced Kentucky criminal defense attorney can help you better understand your charges and potential penalties, and can enter plea deal negotiations on your behalf. 

Securing early legal representation in a case of a misdemeanor or a felony is crucial – it improves outcomes, and minimizes long-term consequences. 

Our seasoned criminal defense attorneys at Hoffman Walker & Knauf are ready to help you in this challenging time. Facing criminal charges in Kentucky is overwhelming, and you don’t have to deal with it alone. 

Contact us today for a consultation to gain a better understanding of your charges, and let us guide you through the legal process to protect your rights. We work with you and for you – with your future in mind.