First Degree Felony in Kentucky

Kentucky’s criminal code classifies what many call a first-degree felony as a Class A felony. Prosecutors and courts treat these crimes as some of the most serious, ranking just below capital offenses, and they impose the harshest penalties short of capital punishment, ranging from decades in prison to life sentences. Kentucky law divides felonies into five categories as outlined in Kentucky Revised Statutes (KRS 532.010):

• Capital offenses
• Class A felonies
• Class B felonies
• Class C felonies
• Class D felonies.

KRS § 532.020 also classifies these offenses according to the type of crime, its severity, and the applicable punishments. Capital offenses rank as the most severe, while among the remaining categories, Class A felonies are the most serious and Class D felonies are the least. It is important to note that Kentucky also enforces harsher penalties for individuals with prior felony convictions, designating them as persistent felony offenders who face longer prison terms than first-time offenders.

Public Access to Class A (First Degree) Felony Records in Kentucky

Under the Kentucky Open Records Act (KRS 61.870–61.884), the public generally has access to information about criminal convictions. However, access is limited in certain circumstances, including:

• Sealed or expunged records
• Juvenile cases
• Active law enforcement investigative files
• Personal identifiers, such as Social Security numbers or financial account information
• Sensitive cases, including those involving sexual offenses or national security concerns.

In Kentucky, individuals may access public information on Class A felony records through the Kentucky Court of Justice Public Portal, searching by name, case number, or county. Additionally, record seekers may visit the Administrative Office of the Courts (AOC) in person or submit a criminal Background Check request online or by mail to obtain verified criminal history reports, including Class A felony convictions, for a fee at:

1001 Vandalay Drive,
Frankfort,
KY 40601.

Furthermore, most Kentucky County Circuit Court Clerks offer online portals where the public may access court records. Individuals may view publicly available documents for free or obtain certified copies by visiting the office in person or submitting a request by mail, usually for a fee.

Individuals may also access Kentucky’s first-degree felony case records online through third-party websites that compile judicial records from courts across the state. These non-official platforms provide court documents for a fee, but the accuracy and completeness of the information may vary.

Common Crimes Classified as Class A (First Degree) Felonies in Kentucky

Under Kentucky law, a first-degree felony is categorized as a Class A felony, the state’s most serious category short of capital offenses. Lawmakers define these crimes by their extreme violence or severe harm. The following are some examples of Class A felonies in Kentucky.

• Murder in the Absence of Aggravating Circumstances
• Aggravated Rape in the First Degree – Normally a Class B felony, but is elevated to a Class A felony if the victim is under 12 or suffers serious physical injury.
• First-Degree Arson – Classified as a Class A felony when a person intentionally sets fire to a building or property under circumstances that endanger life.
• Kidnapping with Serious Injury – Kentucky considers kidnapping as a Class A felony when the victim suffers serious physical injury as a result of the abduction.
• Repeat Methamphetamine Manufacturing – While the first offense is a Class B felony, a second or subsequent conviction rises to a Class A felony.
• Aggravated Sodomy in the First Degree – First-degree sodomy is usually a Class B felony. Still, it rises to a Class A felony when the victim is under 12 or sustains serious physical injury.

The Kentucky State Police’s 2024 Crime in Kentucky Report recorded an 8% overall decline in serious (Category A) offenses between 2023 and 2024. Specific decreases included:

• Homicide: –12.7%
• Kidnapping: –5.13%
• Sex offenses: –13.78%
• Robbery: –16.31%

During the same period, however, arson rose by 16.37%.

Prison Sentences and Fines for First Degree Felonies in Kentucky

In Kentucky, penalties for first-degree (Class A) felonies, the most serious category under the state’s criminal code, are influenced by several factors:

• Severity and type of the crime
• Prior criminal record and designation as a Persistent Felony Offender (KRS § 532.080)
• Aggravating circumstances, such as:
  • Use of deadly weapons
  • Crime committed for hire or financial gain
  • Involvement in organized crime
  • The victim is a minor or vulnerable person
• Judicial discretion in applying sentences within the statutory range

Under KRS § 532.060, an individual convicted of a Class A felony is subject to imprisonment for a term of 20 to 50 years, or for life. Pursuant to KRS § 534.030, such a conviction may also result in monetary fines, including:

• Standard Fines: between $1,000 and $10,000
• Double Profit Penalty: an amount equal to twice the financial benefit derived from the offense, or the standard fine, whichever is greater.

What is the Maximum Sentence for a Class A (First Degree) Felony in Kentucky?

The maximum penalty for a Class A felony in Kentucky is life imprisonment, with the typical sentencing range falling between 20 and 50 years. Certain aggravating factors may result in a more severe sentence, notwithstanding that it cannot exceed life imprisonment, such factors include.

• Persistent Felony Offender (PFO) Status: Individuals with prior convictions may be designated as PFOs, which may substantially increase their sentence, potentially pushing it toward the upper end of the standard range
• Use of a Weapon: Using a weapon may increase the severity of a sentence (KRS § 218A.992)
• Hate Crime Penalty Enhancements: Hate crime enhancements in Kentucky let judges impose harsher penalties or deny probation/parole for bias-motivated crimes, without changing the statutory sentencing range (KRS § 532.031)
• Harm to Victims: Severe adverse effects to victims may lead judges to impose sentences at the higher end of the range

In addition, certain Class A felonies (such as specific drug or sexual offenses) carry an extra 5 years of post-release supervision, which is added to the maximum prison sentence (KRS § 532.060).

What is First Degree Murder in Kentucky?

In Kentucky, the law does not recognize a separate charge called first-degree murder. Instead, the criminal code defines a single offense of murder under KRS 507.020. A defendant commits murder when they:

• Intentionally cause the death of another person
• Wantonly engage in conduct that demonstrates extreme indifference to human life and thereby causes another person’s death.

Although Kentucky law does not use the term first-degree murder, it classifies murder under KRS 507.020 as a capital offense. Aggravating factors in a murder may result in life without parole or the death penalty, such as:

• Killing a police officer or firefighter, or perpetrating the murder while committing another serious felony, such as robbery or rape
• Killing multiple victims.

However, if the prosecutor fails to prove any aggravating factors, the defendant faces a penalty of 20 to 50 years in prison or life imprisonment for murder.

Can First Degree Felony Records Be Sealed or Expunged in Kentucky?

Under Kentucky law, individuals cannot expunge or seal records of first-degree felonies, which are classified by the state as Class A felonies. Per KRS 431.073, a person may expunge only certain Class D felonies, the lowest level of felony, and only when they meet strict eligibility requirements. Some examples of offenses eligible for expungement include theft by unlawful taking, possession of a controlled substance, and receiving stolen property. However, Class D felonies that involve a sex offense, a crime against a child, or that cause serious bodily injury or death are not eligible for expungement.

In Kentucky, expungement refers to the legal process that eliminates a criminal record. Similarly, when a court orders a record sealed, it is hidden from public access, although certain government agencies, such as law enforcement or the courts, may still be permitted to view it. Class A felonies are serious and often violent crimes, so Kentucky law prioritizes public interest in maintaining permanent records over the individual’s interest in sealing them.

Difference Between First Degree and Second Degree Felonies in Kentucky

In Kentucky, the state classifies first-degree felonies as Class A felonies, the most serious felony category below capital offenses. These crimes involve violence and extreme harm. A conviction for a Class A felony may result in a prison sentence of 20 to 50 years, or life imprisonment. Typical Class A offenses include:

• Murder (when the state does not seek capital punishment)
• First-degree rape (if the victim is under 12 years old or suffers serious physical injury)
• First-degree arson
• Kidnapping with serious injury
• First-degree robbery (committed during a state of emergency).

Although still a serious crime, the state classifies Class B felonies as less severe than Class A felonies. These crimes also involve violence and cause serious harm to victims. A person convicted of a Class B felony may spend 10 to 20 years in prison. Typical Class B offenses include:

• Burglary in the first degree
• Manslaughter
• Assault in the first degree
• First-degree robbery (KRS § 515.020)
• First-degree rape.

Statute of Limitations for First Degree Felony Charges in Kentucky

The statute of limitations sets the maximum time prosecutors have to bring criminal charges after an alleged offense. Its purpose is to ensure timely legal action and safeguard defendants’ rights. However, under Kentucky Revised Statutes (KRS) 500.050, felony prosecutions have no time limit and may begin at any time. This means first-degree (Class A) felony charges in Kentucky carry no statute of limitations. For instance, prosecutors may charge a person with a Class A felony, such as murder, aggravated kidnapping, or first-degree rape, years or decades after the crime occurred.

Probation and Parole Eligibility for Class A (First Degree) Felonies in Kentucky

Probation lets a person serve their sentence in the community under court-ordered conditions and supervision rather than incarceration. In Kentucky, courts deny individuals convicted of a Class A felony (first-degree felony) eligibility for probation, shock probation, or conditional discharge when the offense involves a deadly weapon, serious physical injury, or death. Due to the severity of these crimes, judges are required to impose a mandatory prison sentence.

Parole eligibility in Kentucky varies by the type of offense and statutory rules. Individuals convicted of a Class A felony become eligible for parole only after completing a significant portion of their sentence, as required by KRS 439.3401. For violent Class A felonies, they must complete at least 85% of the sentence before qualifying for parole. While non-violent Class A felonies follow standard parole rules, such cases are rare since most Class A felonies involve violence.

Impact of a First Degree Felony Conviction on Criminal Records in Kentucky

A first-degree felony conviction (Class A felony) in Kentucky results in a permanent, public criminal record. Because these records cannot be sealed or expunged, they remain indefinitely accessible through court systems, background checks, and public portals, making it difficult for the individual to avoid long-term consequences. Beyond serving a prison sentence, a permanent Class A felony record may restrict employment, housing, and social opportunities. It also removes certain civil rights, including the ability to own firearms, vote, or hold public office.

Additionally, a Class A felony conviction may enhance penalties for any future felony convictions. For instance, a repeat Class A felony may result in the court imposing a harsher sentence as a persistent felony offender.