Understanding Class A Misdemeanors in Kentucky

In Kentucky, offenses are grouped into three primary levels: violations, misdemeanors, and felonies. Misdemeanors are offenses that fall between violations (the least serious category) and felonies (the most severe category), and are classified into Class A and Class B. Class A misdemeanors are the most serious category within the two-class system.

Class A misdemeanors in Kentucky are serious offenses in the eyes of the law and carry significant consequences, including potential imprisonment. Repeat offenses for some Class A misdemeanors, like indecent exposure, criminal gang recruitment, and possession of a handgun by a minor, may be elevated to a felony charge.

Examples of Class A Misdemeanors in Kentucky

Class A misdemeanors are more serious than violations, but do not rise to the level of felonious conduct in Kentucky. Common examples include third-degree criminal mischief, second-degree stalking, violation of a protection order, and criminal littering.

Class A misdemeanors generally involve offenses where harm is committed or a risk of damage is threatened without extreme elements such as death, serious injury, or weapon use. These types of charges commonly appear in district court cases across the state when reviewing Kentucky Criminal Court Records.

The table below captures some Class A misdemeanors and their legal consequences in Kentucky.

Penalties for a Class A Misdemeanor in Kentucky

Class A misdemeanors in Kentucky are primarily punished with jail time and fines. Under KRS 532.090 and KRS 534.040, a Class A misdemeanor conviction may be sentenced with a maximum of 12 months in jail and $500 in fines. Fines are usually imposed in addition to or as an alternative to jail time. However, indigent offenders, as determined by the court pursuant to KRS Chapter 31, cannot be fined in the state.

Beyond incarceration and fines, additional penalties for Class A misdemeanors may include probation and other alternative sentencing options. The presiding judicial official has the discretion to impose any of these penalties, or a combination thereof, based on the circumstances of the case.

Probation and Alternative Sentencing Options in Kentucky

Kentucky provides several alternative sentencing options to incarceration for individuals convicted of Class A misdemeanors. Probation is the most common alternative, but other options include home incarceration, conditional discharge, halfway house placements, and treatment-based programs. Treatment programs may include counseling and may be handled by community-based, faith-based, charitable, nonprofit residential, or nonresidential organizations, or the drug court.

The table below outlines possible alternative sentencing options in Kentucky, along with their respective conditions.

The court has the authority to revoke these alternative sentences and reinstate incarceration if an offender violates the ordered conditions.

Can a Class A Misdemeanor Be Expunged or Sealed in Kentucky?

Yes. Class A misdemeanors in Kentucky may generally be expunged under KRS 431.078, provided specific eligibility requirements are met. Expungement removes a conviction from an individual's criminal record, enabling improved access to jobs, housing, and other opportunities. An individual may petition the court to expunge their Class A misdemeanor conviction after 5 years following their sentence or probation completion, whichever occurs later, if:

• The offense was not a sex offense and was not committed against a child.
• The individual had no misdemeanor or felony conviction within the past 5 years.
• There are no pending criminal cases.
• The offense is not subject to enhancement unless the enhancement period has expired.

The table below outlines the general eligibility for expungement of Class A misdemeanor convictions in Kentucky.

Long-Term Consequences of a Class A Misdemeanor Conviction

A Class A misdemeanor conviction carries immediate legal consequences, such as incarceration, financial penalties, probation, or community service. However, the implications of having a Class A misdemeanor conviction are generally not limited to these immediate consequences. The conviction remains on an offender's criminal record and may impact various aspects of life, often for years after the legal penalties have been served. Affected areas typically include housing, employment, immigration, professional licensing, and education. However, having the record expunged may provide relief from these long-term implications.

What to Do if You’re Charged with a Class A Misdemeanor in Kentucky

Being charged with a Class A misdemeanor implies that one is reasonably suspected of committing an offense within that class. Knowing the necessary steps to take when charged may positively impact a suspect's interaction with the legal system.

The initial step after being served with a legal notice is to examine the charges. It is recommended to do this with the assistance of a criminal defense attorney who is knowledgeable in such matters. Additionally, the accused individual should gather all relevant evidence and prepare to attend every court hearing, as an absence may result in additional penalties or a bench warrant. Throughout the legal process, the defendant should remain proactive, organized, and adhere to all instructions from the court.

Statute of Limitations for Class A Misdemeanors in Kentucky

The Kentucky statute of limitations, established in KRS 500.050, defines the period within which charges may be filed for a crime in Kentucky. According to this statute, the limitation for prosecuting misdemeanors, including Class A misdemeanors, is 1 year from the date the offense was committed. However, this period is extended for certain misdemeanors specified in KRS Chapters 510, 531, and 529, as well as Sections 506.010, 506.030, and 530.064.

Class A misdemeanor categories and their statute of limitations are tabulated below: