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London Personal Injury Attorneys > Blog > Criminal Defense > Can I Go to Jail for a Misdemeanor in Kentucky?

Can I Go to Jail for a Misdemeanor in Kentucky?


In Kentucky, crimes fall under two main categories: misdemeanors and felonies. Misdemeanors are considered less serious crimes than felonies. For this reason, it is easy for someone facing a misdemeanor charge to assume they cannot go to jail if convicted. But is it true that you cannot go to jail if convicted of a misdemeanor offense in Kentucky? While misdemeanors are considered less serious than felonies, it is possible to go to jail after a misdemeanor conviction. If convicted of a misdemeanor in Kentucky, you may end up in a local or county jail for up to one year, depending on the type of crime. Therefore, it is crucial that if you are facing misdemeanor charges in Kentucky, you hire an experienced criminal defense attorney as soon as possible.

What Is a Misdemeanor in Kentucky?

Misdemeanors in Kentucky are offenses that are punishable by up to one year in a local or county jail. These crimes are considered less serious than felonies. Felonies in Kentucky include murder, kidnapping, child pornography, rape, burglary, robbery, arson, aggravated assault, and identity theft. Some felonies are punishable by up to life in prison. Felonies also usually attract substantial monetary fines.

There are two classes of misdemeanors in Kentucky: Class A and B. Class A misdemeanors are considered to be more serious. The more serious class of misdemeanors attracts a jail sentence of up to 12 months and up to $500 in fines. The following are some Class A misdemeanor crimes in Kentucky;

  • Sexual misconduct
  • Third-degree forgery
  • Promoting prostitution
  • Cultivation of up to four marijuana plants
  • Theft by unlawful taking, less than $1,000
  • Wanton endangerment in the second degree
  • Violation of a restraining order
  • Knowingly transferring or selling a firearm to a convicted felon
  • Fourth-degree assault

If convicted of a Class B misdemeanor, you could pay a fine of up to $250 and spend up to 90 days in jail. The following are some Class B misdemeanors in Kentucky;

  • Prostitution
  • Resisting arrest
  • Second-degree criminal trespass
  • Public intoxication
  • Third-degree criminal mischief
  • False swearing
  • Menacing

Can Drug Crimes Be Charged as Misdemeanors in Kentucky?

Depending on various factors, such as the type and amount of substance involved and the defendant’s prior criminal history, a drug crime can be charged as a misdemeanor in Kentucky. For instance, possessing a small amount of marijuana may result in a misdemeanor charge, whereas possessing a small amount of fentanyl may result in felony charges. That said, speaking to a skilled criminal defense attorney for accurate information is vital, as laws are constantly changing.

Can I Get Probation Instead of Jail for a Misdemeanor?

You can get probation instead of jail for a misdemeanor crime. In Kentucky, probation is a possible alternative for some crimes, including some felony crimes. Whether you can get probation depends on various factors surrounding your case, such as the offense’s nature and criminal history. In Kentucky, you can either get supervised probation, which requires you to regularly report to a probation officer, or unsupervised probation, which does not require you to report to a probation officer. The type of probation granted depends on the factors surrounding your case.

Contact a London Criminal Defense Attorney

Contact our experienced London criminal defense attorneys at Cessna & George Law Firm if you’re facing a misdemeanor charge in Kentucky. We can help you fight the charges against you.

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