Kentucky Felony: Laws, Penalties, Sentencing, and Records

Felony in Kentucky is a serious criminal offense that can lead to a prison sentence of over a year. It is the most serious category of crime in the state and can come with harsh penalties, including long-term imprisonment, large fines, rights restrictions, and permanent criminal records. There are five classes of felonies in Kentucky.

What Is Considered a Felony in Kentucky?

The Kentucky Revised Statutes (KRS Chapter 532) outlines felony offenses, which include:

• Violent Crimes: These offenses involve harm or the threat of harm to individuals and include murder, manslaughter, aggravated assault, rape, robbery, and kidnapping.
• Drug Crimes: These involve illegal activities associated with controlled substances, such as trafficking, manufacturing, and possession with intent to distribute.
• Property Crimes: Arson, burglary, auto theft, and theft of property worth $1,000 or more are offenses targeted towards property.
• White-Collar Crimes: These non-violent crimes are committed for financial gains and include fraud, embezzlement, identity theft, and forgery.
• Weapons Offenses: These include crimes like felon in possession of a firearm, unlawful use of weapons.

Furthermore, misdemeanors can become felonies when aggravating circumstances are involved. In Kentucky, theft under $1,000 is typically a misdemeanor, while theft over that amount is classified as a felony. Likewise, an assault can be elevated as a felony if it involves weapons or causes serious bodily harm.

What Is a Felony in Kentucky?

Any crime punishable by one year or more in the custody of the Kentucky Department of Corrections is described by Kentucky law as a felony. A misdemeanor, on the other hand, is punishable by up to 12 months in county jail. The consequences of a felony conviction in Kentucky include the following:

• Prison sentences: Terms can range from 1 year to life, or even death in capital cases.
• Fines: Penalties can reach up to $10,000, depending on the class of felony.
• Loss of rights: Convicted persons may lose the right to own firearms or vote during elections.
• Permanent criminal record: A felony conviction has lasting consequences for employment, housing, licensing, and immigration status.

Felony Classes and Penalties in Kentucky

In Kentucky, felony offenses are divided into four main classes and also include capital offenses.

Kentucky Felony Classes

• Capital Offense
  • reserved for the most serious crimes, such as capital murder.
  • Penalty: Death, life without parole, life with parole after 25 years, or 20 to 50 years.
• Class A Felony
  • includes first-degree murder (non-capital), first-degree rape, and kidnapping with aggravating circumstances.
  • Penalty: 20 to 50 years, or life imprisonment.
  • Fine: Up to $10,000.
• Class B Felony
  • includes first-degree manslaughter, armed robbery, and certain large-scale drug trafficking crimes.
  • Penalty: 10 to 20 years.
  • Fine: Up to $10,000.
• Class C Felony
  • includes burglary in the second degree, theft over $10,000, and mid-level drug offenses.
  • Penalty: 5 to 10 years.
  • Fine: Up to $10,000.
• Class D Felony
  • the least severe felony class and include crimes like theft over $1,000, forgery, lower-level drug distribution, and some firearm offenses.
  • Penalty: 1 to 5 years.
  • Fine: Up to $10,000.

Felony Sentencing Guidelines in Kentucky

In Kentucky, sentencing is guided by statutory ranges but also influenced by judicial discretion, aggravating circumstances, and the offender’s history.

Key Sentencing Factors

1. Statutory Penalties: Each class of felony has defined ranges for prison time and fines.
2. Aggravating Factors: An offender can get harsher sentences if they are guilty for the use of deadly weapons, crimes against children or elderly victims, prior convictions, or organized crime involvement.
3. Mitigating Factors: An offender may receive a lighter sentence if they are first-time offenders, cooperate with authorities, or show signs of rehabilitation.
4. Persistent Felony Offender Law (PFO): Individuals with repeated felony convictions may face increased sentences, which can be double the initial sentence.
5. Probation and Parole: Some Class D and nonviolent Class C felonies may be eligible for probation. These decisions are made by the Kentucky Parole Board.
6. Mandatory Minimums: Many crimes like violent felonies and drug trafficking have mandatory prison sentences.

For example, a Class B felony robbery can result in a sentence ranging from 10 to 20 years. Nonetheless, a repeat offender under Kentucky’s PFO statute can be sentenced to life imprisonment.

Felony Laws and Procedures in Major Kentucky Cities

Louisville (Jefferson County)

The Jefferson County Circuit Court handles the largest caseload for felony prosecutions in the state. This court manages cases related to violent crimes, property crimes, and drug offenses. In addition, the public can access felony records through the Jefferson County Circuit Court Clerk or the Kentucky Court of Justice online portal.

Lexington (Fayette County)

In Lexington, felony prosecutions take place in the Fayette County Circuit Court, which primarily addresses drug crimes and financial offenses. Likewise, felony case files are available for viewing at the Circuit Clerk’s Office or state judicial databases.

Bowling Green (Warren County)

Felony cases in Bowling Green are processed in the Warren County Circuit Court, which prosecutes mid-level drug offenses and property crimes. The Warren Circuit Court Clerk’s Office provides access to these records upon request.

How to Search for Felony Records in Kentucky

There are several ways to look up felony records in Kentucky including:

1. Kentucky Court of Justice Online Portal

The KYeCourts portal allows users to search felony records by case number, party/business name, or citation. Users can expect to find information such as:

• Docket entries.
• Charges filed.
• Court location.
• Case status and outcomes.

2. Circuit Court Clerk’s Offices

The Circuit Court Clerk in each county serves as the official custodian for official case documents including felony case files. To obtain certified copies, record seekers may visit the Clerk’s Office in person.

3. Kentucky State Police (KSP)

The KSP Criminal Identification and Records Branch maintains official criminal history reports, including felony convictions. To run a background check, interested parties must have their fingerprints taken and pay the processing fee.

4. Local Police Departments and Sheriffs

Police departments and sheriff’s offices are responsible for keeping arrest and incident records. Under Kentucky's Open Records Act, the public may request access to these records. Nevertheless, certain records may be withheld if they are sealed for privacy reasons or connected with ongoing investigations.

5. Third-Party Background Checks

Private websites also offer felony record searches, but official state and county systems are the most reliable sources.

Open vs. Sealed Records

• Open Records: Most felony convictions are available for public scrutiny.
• Expungement: Kentucky allows expungement of certain Class D felonies and some nonviolent felonies after an individual has completed the required waiting period. Violent and sexual felonies are not eligible for expungement under Kentucky law.

Why Understanding Felonies in Kentucky Matters

In Kentucky, felonies carry long-lasting consequences that extend beyond prison and fines. They affect civil rights, employment, housing, and professional opportunities. It is important for individuals, organizations, and employers to understand felony laws, their classifications, and how to access records.

Felonies in Kentucky are divided into five classes (Classes A, B, C, D, and Capital), with penalties ranging from 1 year for Class D felonies to life imprisonment or death for capital offenses. Some of the factors that influence sentencing are statutory guidelines, persistent felony offender laws, and aggravating or mitigating factors.

To promote transparency, felony records can be searched through the Kentucky Court of Justice portal, Circuit Court Clerks, or the Kentucky State Police.