What is a Second Degree Felony in Kentucky?

Felonies in Kentucky are categorized into four main classes: A, B, C, D, and a separate capital offense category. Punishments increase in severity from Class D to capital offenses. Class B felonies are the second-most serious category after Class A felonies and capital offenses.

Kentucky Revised Statutes (KRS) § 532.020(1)(a) defines the penalties for Class B felonies as punishable by a prison sentence of 10 to 20 years, plus fines ranging from $1,000 to $10,000 or double the gain from the offense, whichever is greater. Various Kentucky Criminal Code statutes specify the type of crimes classified as Level 2 felonies.

Which Crimes Are Considered Second Degree Felonies in Kentucky?

Below is a list of some common examples of Class A felonies in Kentucky.

• First-Degree Rape (KRS 510.040): Engaging in sexual intercourse with another person by forcible compulsion or with a victim under 12 years old
• First-Degree Arson (KRS 513.020): Intentionally setting fire to or burning a building or structure when a person is present or at risk of harm, or causing significant property damage
• First-Degree Robbery (KRS 515.020): Using a firearm or other deadly weapon to take property from another person by force or threat, often involving discharge of the weapon or serious injury
• First-Degree Assault (KRS 508.010): Intentionally causing serious physical injury to another person with a deadly weapon or dangerous instrument
• Kidnapping (KRS 509.040): Abducting a person with the intent to release only upon certain conditions, or to inflict bodily injury or terrorize
• Trafficking in Controlled Substances (KRS 218A.1412): Manufacturing, distributing, or selling specified large amounts of illegal drugs
• Burglary in the First Degree (KRS 511.020): Entering or remaining unlawfully in a building with intent to commit a crime, armed with a deadly weapon, or when an occupant is present

What is Second Degree Murder and How is it Classified in Kentucky?

Kentucky does not have degrees for murder (Kentucky Revised Statutes (KRS) 507.030). Manslaughter in the first degree would be a close equivalent in other legal systems. This offense is a serious homicide offense, less culpable than murder but more severe than second-degree manslaughter. It typically involves intentional actions that result in death but are lessened by specific circumstances, such as severe emotional distress or mistaken justification.

Key elements in Kentucky's first-degree manslaughter include:

• There is an intent to cause serious physical injury (not necessarily death) to the victim, with actions resulting in the victim's death
• The defendant causes the death while acting under extreme emotional disturbance for which there is a reasonable explanation or excuse
• Where there is a case of mistaken identity or an unintended victim.

Kentucky Second Degree Felonies Penalties and Punishments

In Kentucky, Class B felonies are serious offenses, falling just below Class A felonies in severity. They carry significant penalties, including imprisonment, fines, and potential probation or parole. However, sentencing may be influenced by several variables or situations. These elements can result in more severe or less severe punishments, and their effects differ depending on the circumstances. Among other things, these include the offender's criminal history, the type of offense, aggravating and mitigating circumstances, plea deals, and charge negotiation.

The table below summaries the penalties assigned to various felony offenses in Kentucky.

Are Second Degree Felony Records Public in Kentucky?

Yes. Class B felony records are public in Kentucky, as they fall under the Kentucky Revised Statutes Open Records KRS 61.870 to KRS 61.884. These Acts grant the public access to government-generated records, including criminal court documents and conviction histories, unless specifically exempted or expunged. Exempted records, outlined primarily in KRS 61.878 and related statutes, balance transparency with privacy, safety, and judicial integrity. They include:

• Records containing confidential personal information
• Juvenile records
• Ongoing investigations or pretrial records
• Specific statutory exemptions for sex offender registry Non-Disclosure
• Sealed or expunged records.

How to Access Second Degree Felony Court Records in Kentucky

Class B felony court records in Kentucky are exclusively handled by Circuit Courts which have jurisdiction over all felony matters. Unlike misdemeanors which are handled in District Courts, felony records are maintained by Circuit Court Clerks. Accessing these records typically requires knowing the county where the case was filed, as Kentucky's 120 counties maintain their own Circuit Court records. One may also access these records through public online search portals.

Below are the primary methods to access class B felony court records in Kentucky

• Online Search:
  • The Kentucky Court of Justice provides the general public with an online portal for searching case information. To search, click on Case Search and fill in the required information.
  • One can also search for dockets, which may include upcoming or recent felony hearings.
  • Kentucky Offender Search, managed by the state's DOC provides the general public with information regarding incarcerated individuals. One may search by name, DOC number, or KDOC number. This provides conviction details, including felony class, sentence, and release status, but not full court files
  • The Administrative Office of the Courts (AOC) provides requesters with criminal background checks. Requests may be made online, in person, or via mail service. Fees cost between $25 to $50.
• The Circuit Court Clerk's Office: One may visit the relevant county’s Circuit Court Clerk's office for complete case files, including evidence, transcripts, or full documents not available online. Provide the necessary information, like the defendant's name, approximate dates, or case number, to the staff. One may also use public access terminals at the clerk's office. Copies cost $0.10 per page plus any certification fees, while processing may take 1 to 3 business days.
• The Kentucky State Police (KSP): Interested persons may contact this organization to conduct a name-based search (used by the general public) or a fingerprint-based search (used by qualified organizations/agencies). To conduct a name-based search, download, complete, and submit the appropriate form. Mail the form to the Kentucky State Police, Records Section, along with a $20 check or money order. Processing time typically takes 5 to 10 business days after receipt, with the results mailed back to the requester. To conduct a fingerprint-based search, confirm if the organization is eligible by law, get fingerprinted, and use the appropriate KSP form to submit a request. Fees are paid at the fingerprinting site or via the form. Results are typically sent directly to the requesting agency within 1–2 weeks

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Class B felonies in Kentucky can potentially be reduced or dismissed. However, whether such charges can be reduced or dismissed depends on certain factors such as the specifics of the case, the strength of the evidence, the defendant's criminal history, and the quality of legal representation.

Prosecutors may offer a plea bargain to reduce a Class B felony to a lesser charge, such as a Class C felony or misdemeanor, in exchange for a guilty plea. This often happens when the evidence is not airtight, the defendant has a limited criminal history, or the case involves mitigating circumstances. Also, a skilled attorney may negotiate to reduce a Class B felony (which carries 10-20 years in prison in Kentucky) to a lower felony or misdemeanor with less severe penalties. This is known as charge reduction.

Furthermore, Kentucky offers pretrial diversion programs for non-violent Class B felonies, such as certain drug or theft offenses. If the defendant completes conditions like probation, drug treatment, or community service, the charge may be dismissed or reduced. Eligibility depends on the offense and the defendant’s history. Alternatively, dismissals are less common but possible if the evidence is weak, there are procedural errors, or the prosecution lacks sufficient proof to convict. Prosecutors may dismiss charges if they believe pursuing the case isn’t in the public’s interest or if new evidence exonerates the defendant. However, dismissals are rare for serious felonies unless significant flaws in the case emerge.

Is it Possible to expunge or seal a second-degree Degree Felony or Murder Record in Kentucky?

Expungement in Kentucky (KRS Chapter 431) effectively removes the record from public view, treating it as if the conviction never occurred. One may legally deny the conviction on applications and it won't appear on standard background checks. However, expungement for Class B felonies is highly limited compared to lesser offenses like misdemeanors or Class D felonies. This is because Class B felonies are not eligible for expungement under standard provisions (KRS 431.073 and 431.078). However, an expungement may be primarily available for non-conviction records such as dismissed charges or acquittals. These are automatically expunged after 30-60 days.

Exceptions for expungement are rare and require extraordinary circumstances like gubernatorial Pardon (KRS 431.073) which are discretionary and uncommon, often requiring demonstrated rehabilitation. Another exception is post-conviction relief which may be granted when evidence proves innocence or the conviction is overturned on appeal. This is not standard and depends on the specifics. In the rare event that a class B felony is granted expungement, one may complete the process by obtaining a Certificate of Eligibility from the Kentucky State Police ($25 fee), filing a petition in circuit court ($500 fee for felonies, partially refundable if denied), and attending a hearing if required.

How Long Do Second-Degree Felony Records Stay Public in Kentucky?

Indefinitely. Once entered into the state's criminal justice database, a Class B felony conviction remains on the offender's public record permanently. Only the successful petition for expungement or receiving a gubernatorial pardon may remove a class B felony from public view. This means it can show up on background checks indefinitely.