KENTUCKY CRIMINAL LAW

Kentucky has a set of statutes and rules passed by the legislative branch and that generally make up its criminal laws. The laws provide punishments and trial procedures for those who violate them in Kentucky. The summaries below outline basic information covering common topics in Kentucky criminal law. As each case is different, any defendant should contact a Kentucky criminal defense attorney with specific questions.

Kentucky Drug Possession

Drug possession and distribution in Kentucky is a serious charge, and if convicted a defendant faces several years in jail and a substantial fine. Penalties vary depending on the type of drug and the quantity possessed.

• Marijuana Penalties: Possession of marijuana is a misdemeanor punishable by up to 1 year in jail and a $500 fine. If someone is arrested with more than 8 oz of marijuana, they can face a felony trafficking charge. Conviction for trafficking marijuana can result in a prison sentence of up to 10 years and a fine up to $10,000 depending on the quantity sold.
• Narcotics Penalties: Possession of any quantity of narcotics such as cocaine or heroin is a felony with a possible punishment of up to 5 years in jail and up to a $10,000 fine. Trafficking narcotics can result in punishment of 5 - 10 years in jail and a fine up to $10,000.

An arrest and charge for drug possession or trafficking is a serious issue, and the above penalties can be steeper for large quantities of drugs or for repeat offenders. Anyone arrested for drugs in Kentucky should immediately consult a Kentucky criminal defense lawyer for assistance.

Assault In Kentucky

There are many degrees of assault in Kentucky with varying penalties depending on the nature and severity of the assault:

• 1st Degree Assault: Assailant intentionally causes serious physical injury by means of a deadly weapon, or with extreme indifference to human life engages in risky conduct that results in serious physical injury to another person. 1st degree assault in Kentucky is a felony punishable by 10-20 years in jail.
• 2nd Degree Assault: Assailant intentionally causes serious injury to a victim, or intentionally or recklessly causes harm with a weapon. 2nd degree assault in Kentucky is a felony punishable by 5-10 years in jail.
• 3rd Degree Assault: Assailant intentionally causes physical injury, or recklessly causes injury with a weapon to a class of individuals such as a police officer, teacher, corrections officer, fireman, or medical employee. Assault in the 3rd degree is a felony punishable by 1-5 years in jail.
• 4th Degree Assault: Assailant intentionally or recklessly causes injury to another or recklessly causes injury with a weapon. 4th degree assault in Kentucky is a misdemeanor punishable by up to 12 months in jail.

Anyone charged with assault in Kentucky can face serious consequences depending on the circumstances of the assault and should consult a Kentucky criminal attorney immediately.

Kentucky Drunk Driving - DUI

A DUI in Kentucky can result in expensive fines and potential jail time. If convicted of a DUI a defendant faces 2 - 30 days in jail, fines up to $500, license suspension from 30 - 120 days, possible alcohol or drug treatment program, community service, and an assortment of fees associated with reinstating the driver's license. A person arrested for a DUI in Kentucky should contact a Kentucky DUI attorney immediately.

Right To Jury Trial In Kentucky

Defendants in Kentucky have a right to a jury in all criminal prosecutions held in Kentucky's Circuit and District courts. A defendant may make a request for a jury trial after they have been indicted. For any questions about how to exercise a right to a jury trial in Kentucky, consult a Kentucky criminal attorney.

Trial Date In Kentucky

Kentucky law does not specify a specific timeframe for a trial date after indictment, but a criminal trial in Kentucky will begin as promptly and as reasonable as possible. For questions about setting a trial date, a defendant should contact a Kentucky criminal lawyer.

Sentence Review / Appeal In Kentucky

A Kentucky defendant convicted of a crime at a criminal trial has a right to appeal the conviction to a higher court. The appeals process in Kentucky requires timely attention to procedural details, and any defendant wishing to file an appeal should consult a Kentucky criminal defense attorney after sentencing.

Kentucky Revised Statutes

Relevant Kentucky Criminal Laws

1. Kentucky Drug Possession
1. Ky. Rev. Stat. ch. 218A, §§ .1412, .1415, .1421, .1422.
2. Assault in Kentucky
1. Ky. Rev. Stat. ch. 508, §§ .010 - .030.
3. Kentucky Drunk Driving - DUI
1. Ky. Rev. Stat. ch. 189A, § .010.
4. Right to Jury Trial in Kentucky
1. Ky. Rev. Stat. ch. 29A, § .270.
5. Sentence Review and Appeal in Kentucky
1. Ky. Rev. Stat. ch. 22A, § .020.