Willenborg Russell Ireland PLLC

Attorneys Serving Northern Kentucky and Cincinnati, Ohio

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Northern Kentucky Felony Defense Attorneys - Boone, Campbell, Gallatin, Grant, and Kenton County

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A felony criminal charge in Kentucky begins with an arrest or an indictment. Law enforcement will typically want to interview a defendant immediately following an arrest. Do not submit to any questioning and do not make any statements without first speaking with a criminal defense lawyer. The prosecution's best evidence is often a defendant's own statements to police.


In Kentucky, a preliminary hearing is held in district court to determine if there is probable cause to charge the defendant with a felony. The preliminary hearing is a key stage in the felony process where the Commonwealth must establish probable cause to charge the Defendant with a felony offense.

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If an indictment is issued, the defendant will be required to appear in circuit court for arraignment. In Kentucky, the circuit courts have exclusive jurisdiction over felony cases following an indictment. The Commonwealth Attorney is responsible for prosecuting felony offenses.

Felony penalties in Kentucky include at least one year imprisonment, fines, and the surrender of certain civil liberties. A felony conviction can also lead to a future persistent felony offender or “PFO” charge.


Statutory terms of imprisonment for Kentucky felony offenses

A felony conviction has many consequences including the loss of civil liberties, fines, imprisonment, and even sex offender registration. A persistent felony offenders conviction will carry enhanced penalties under KRS 530.080. The basic terms of imprisonment for Kentucky felony convictions are found in KRS 532.060:

CLASS A FELONY: 20-50 YEARS or LIFE
Not less than twenty (20) years nor more than fifty (50) years, or life imprisonment;

CLASS B FELONY: 10-20 YEARS
Not less than ten (10) years nor more than twenty (20) years;

CLASS C FELONY: 5-10 YEARS
Not less than five (5) years nor more than ten (10) years; and


CLASS D FELONY: 1-5 YEARS

Not less than one (1) year nor more than five (5) years.

CERTAIN CLASS D FELONIES: 1-3 YEARS
Not less than one (1) year and no more than three (3) years.

KY HB 463 Effective 6/8/11

Limited the maximum term of very few class D felonies, including first degree possession of a controlled substance, to three years instead of five.



Contact
Willenborg Russell Ireland PLLC
130 Park Place
Covington, Kentucky 41011
(859) 581-5177
(859) 581-5191 (Fax)

info@wrilawfirm.com

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