What are the penalties for a felony in Kentucky?

Felony penalties in Kentucky range from 1–5 years for the lowest class to life imprisonment for the most serious [§ 532.060]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Kentucky have a speedy trial requirement?

Yes. Kentucky requires trial within 180 days under certain conditions [§ 500.110]. KRS 500.110 requires that a prisoner serving a term in a Kentucky penal or correctional institution who has an untried indictment, information, or complaint underlying a detainer be brought to trial within 180 days after delivering written notice requesting final disposition to the prosecutor and the appropriate court; the court may grant a necessary or reasonable continuance for good cause shown in open court. Kentucky otherwise has no fixed statutory speedy trial clock, and the constitutional Barker v. Wingo balancing test applies.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 532.060]. Misdemeanors carry county jail time (up to 1 year) [§ 532.090]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Kentucky Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Kentucky?

Yes, for eligible offenses [§ 431.073 et seq.]. Waiting periods: 5 years from completion of sentence for eligible Class D felonies; 3 years for misdemeanors; immediate for dismissed/acquitted cases. Kentucky significantly expanded expungement in 2016 (SB 49) and 2024. Class D felonies are eligible after 5 years if not involving violence, sex offenses, or DUI. One petition per felony class per lifetime. Filing fee $250 (waivable).

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Kentucky.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Kentucky Criminal Process — Step by Step Your Rights in an Kentucky Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Kentucky classifies criminal offenses §532.060

Kentucky divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: 20 years to life, up to $10,000 fine - Class B felony: 10–20 years, up to $10,000 fine - Class C felony: 5–10 years, up to $10,000 fine - Class D felony: 1–5 years, up to $10,000 fine

Misdemeanor classifications §532.090

Class A misdemeanor: up to 12 months, $500 fine - Class B misdemeanor: up to 3 months, $250 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §534.030 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §532.090	State prison (1 year or more) §532.060
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §431.073 et seq.	Fewer offenses eligible §431.073 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §431.005. Officers may arrest without a warrant for felonies on probable cause and misdemeanors committed in their presence. Kentucky Rules of Criminal Procedure RCr 2.06 governs arrest procedures. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Kentucky Constitution § 16 guarantees bail for all persons except those charged with capital offenses when proof is evident. Bail set by district or circuit court. Pretrial risk assessment available. Bail may be denied for violent offenders with prior convictions.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Kentucky.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §533.010 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Kentucky has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed. Department of Public Advocacy (DPA) is a state agency providing trial and appellate defense through 34 regional offices statewide.
Right to a speedy trial — Kentucky provides a specific speedy trial deadline: 180 days §500.110. KRS 500.110 requires that a prisoner serving a term in a Kentucky penal or correctional institution who has an untried indictment, information, or complaint underlying a detainer be brought to trial within 180 days after delivering written notice requesting final disposition to the prosecutor and the appropriate court; the court may grant a necessary or reasonable continuance for good cause shown in open court. Kentucky otherwise has no fixed statutory speedy trial clock, and the constitutional Barker v. Wingo balancing test applies.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Kentucky: Misdemeanor: up to 2 years; Felony: up to 5 years (or the time necessary to complete restitution, if longer) §533.010 et seq..

⚠Kentucky has a habitual offender law §532.080. Persistent felony offender (PFO): PFO-2 (one prior) enhances sentence to next higher class; PFO-1 (two+ priors) can result in 10–20 years to life. PFO charges are tried separately from the underlying offense.

Clearing your record

Kentucky does allow certain criminal records to be sealed or expunged §431.073 et seq.. Waiting periods: 5 years from completion of sentence for eligible Class D felonies; 3 years for misdemeanors; immediate for dismissed/acquitted cases. Kentucky significantly expanded expungement in 2016 (SB 49) and 2024. Class D felonies are eligible after 5 years if not involving violence, sex offenses, or DUI. One petition per felony class per lifetime. Filing fee $250 (waivable).

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §218A.1415. Marijuana possession: Class B misdemeanor (§218A.1422); trafficking penalties set separately (§218A.1421).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §508.010 et seq.. Domestic violence offenses carry additional consequences including protective orders.

Theft and property crimes

Classification depends on the value of property taken §514.030 et seq.. Felony threshold: $1,000 (Class D felony for $1,000–$9,999, §514.030).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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