Classes of crime in Kentucky

Kentucky law sorts every offense into one of three groups: violations, misdemeanors and felonies. The group, and the class within it, sets the highest penalty a court can impose. The statute that defines a crime normally states its class.

Violations

A violation is the lowest level of offense. It can be punished only by a fine, never by jail time. The fine is up to $250 unless the law that defines the offense sets a different amount.

Misdemeanors

A misdemeanor is an offense that can be punished by up to 12 months in jail. There are two classes:

• Class B misdemeanor: up to 90 days in jail and a fine of up to $250.
• Class A misdemeanor: up to 12 months in jail and a fine of up to $500.

The judge or jury may impose a fine instead of jail or in addition to it. Misdemeanors and violations are generally handled in District Court.

Felonies

A felony is an offense that can be punished by a year or more in state custody. Felonies are prosecuted in Circuit Court. Kentucky has five felony categories, each with its own prison range:

• Class D felony: 1 to 5 years.
• Class C felony: 5 to 10 years.
• Class B felony: 10 to 20 years.
• Class A felony: 20 to 50 years, or life.
• Capital offense: 20 to 50 years, life, life without parole eligibility until at least 25 years are served, life without parole, or death. Murder is a capital offense.

A felony conviction also carries a fine of $1,000 to $10,000, or double the offender’s gain from the crime if that is greater. The fine is not imposed on a person the court finds to be indigent, meaning unable to afford it. The same is true of misdemeanor fines.

What the ranges do not tell you

These are general ranges. The sentence in a real case depends on more than the class of the offense.

• Some laws outside the penal code set their own penalties for specific offenses.
• A person with prior felony convictions may be sentenced as a persistent felony offender, which raises the prison range.
• Many offenses move up a class when certain facts are present, such as a higher dollar loss, a weapon or a prior conviction.
• A felony prison term is indeterminate. The sentence sets the maximum, and the actual release date is decided later under parole and other laws.

A class tells you the outer limits of punishment. It does not tell you what will happen in a particular case, where the facts, the person’s record and the terms of any plea agreement all matter.