Criminal Defense Attorney Fayette County KY

Facing criminal charges can be terrifying and overwhelming. If you have been charged with a crime, securing experienced legal representation from our criminal defense attorney Fayette County KY law firm should be your top priority.

A criminal conviction can have life-altering consequences, including jail time, heavy fines, and a permanent criminal record that can impact your employment and reputation. Whether you are facing a misdemeanor or a serious felony, our skilled Kentucky criminal defense lawyers at Mashni Law can help protect your rights and fight for your freedom.

Why You Need an Experienced Criminal Defense Attorney Near You

The criminal justice system can be complex and overwhelming, particularly if you are unfamiliar with legal procedures. Without the guidance of our team, you risk making mistakes that could severely impact your case. Our dedicated criminal defense lawyer can help by:

Providing legal counsel: We will advise you on your rights, potential defenses, and the possible consequences of your charges.
Building a strong defense: We will gather evidence, interview witnesses, and analyze the prosecution’s case to find weaknesses.
Negotiating plea deals: Sometimes, we can negotiate a reduced charge or alternative sentencing options.
Representing you in court: We will present a strategic defense aimed at securing the best possible outcome if your case goes to trial.

Our Criminal Defense Practice Areas

We handle a variety of criminal charges in Lexington and throughout Fayette County, including but not limited to:

DUI Defense

A DUI conviction can have severe consequences, including license suspension, fines, and jail time. We understand the complex science behind breathalyzer and blood tests and will challenge any unreliable or illegally obtained evidence. We will fight to protect your driving privileges and minimize the impact of a DUI charge on your life.

Theft and Property Crimes

From shoplifting to burglary, theft and property crimes can have lasting consequences. We will analyze the evidence against you, identify any weaknesses in the prosecution’s case, and work to negotiate a favorable resolution.

EPO/DVO/IPO Offenses

Domestic violence allegations are taken very seriously in Fayette County. We understand the sensitive nature of these cases and will provide compassionate and aggressive representation if you face an Emergency Protective Order (EPO), Domestic Violence Order (DVO), or Interpersonal Protection Order (IPO). We will protect your rights to help ensure you receive a fair hearing.

Violent Crimes

Charges of murder, manslaughter, or other violent crimes carry the most severe penalties. We have the experience and resources to handle these complex cases. We will thoroughly investigate, challenge the prosecution’s evidence, and vigorously defend your rights and future.

Traffic Offenses

While seemingly minor, traffic offenses can accumulate, leading to license suspension or criminal charges. We handle all types of traffic violations, including speeding, reckless driving, driving on a suspended license, and vehicular manslaughter.

Expungement

A criminal record can hinder your ability to find employment, secure housing, and pursue educational opportunities. We can help you expunge or seal your criminal record for many crimes, giving you a fresh start.

Understanding the Fayette County Court System

Navigating the local court system is critical to building a solid defense. Fayette County is home to district and circuit courts, each handling different types of cases. Understanding how these courts operate can help you better grasp what to expect during your case. Fayette District Court handles misdemeanors, traffic offenses, and preliminary hearings for felony cases. Fayette Circuit Court handles felony cases, more serious criminal matters, and jury trials.

We know how judges and prosecutors in Lexington and the surrounding areas typically handle specific charges, which gives us valuable insights when crafting your defense strategy. Our relationships within the legal community help us negotiate more effectively and anticipate prosecutorial tactics.

Felonies vs. Misdemeanors

Understanding the difference between felonies and misdemeanors is crucial when facing criminal charges in Fayette County, KY. The classification of your charge affects the severity of potential penalties, the complexity of your case, and the long-term impact on your life. Here is a breakdown of the distinctions so you can better understand what is at stake.

What Is a Misdemeanor?

Misdemeanors are less severe crimes, but a conviction can still carry serious consequences. In Kentucky, misdemeanors are divided into two classes. Class A misdemeanors are the most serious misdemeanor offenses, punishable by up to 12 months in jail and fines of up to $500. Examples include theft from $500 to $1,000 and possession of drug paraphernalia.

Class B misdemeanors are less severe but still impactful, punishable by up to 90 days in jail and fines up to $250. Examples include a first-offense DUI and harassment. While misdemeanor convictions may not lead to lengthy prison sentences, they can still affect your employment, housing opportunities, and reputation.

What Is a Felony?

Felonies are more serious offenses that carry harsher penalties, including lengthy prison sentences and significant fines. In Kentucky, felonies are divided into five classes. Capital felonies are the most serious category, punishable by 20 years to life in prison or the death penalty. Examples include murder and kidnapping:

Class A felonies are the next most serious, punishable by 20 to 50 years in prison. Crimes include rape and arson.
Class B felonies are punishable by 10 to 20 years in prison. Examples include first-degree manslaughter and rape.
Class C felonies are punishable by 5 to 10 years in prison. Examples include trafficking a controlled substance and second-degree assault.
Class D felonies are the least severe felony classification, punishable by 1 to 5 years in prison. Examples include possession of a firearm by a convicted felon and stalking.

Felony convictions can strip you of essential rights, including voting, owning firearms, and holding certain professional licenses. The consequences of a felony record make it critical to work with our Fayette County criminal defense lawyers, who will fight to reduce or dismiss your charges whenever possible.

Collateral Consequences of a Criminal Conviction

A criminal conviction does not just lead to immediate penalties like jail time or fines. It can also have lasting consequences that affect your future. Understanding these collateral consequences highlights the importance of fighting charges with a strong defense.

Employment challenges: Many employers perform background checks, and a conviction can limit your job prospects.
Housing difficulties: Landlords may deny rental applications to individuals with criminal records.
Loss of civil rights: Felony convictions can result in the loss of the right to vote, own firearms, or serve on a jury.
Professional licensing issues: A conviction could lead to suspension or revocation of your professional licenses.

We can help you understand the full scope of the consequences you face and fight to minimize the impact on your life.

Common Mistakes to Avoid After an Arrest

When facing criminal charges, your actions immediately following an arrest can significantly impact your case. Many defendants unknowingly harm their defense by making avoidable mistakes. Here are some things to avoid:

Talking to the police without a Fayette County, KY, defense attorney: Law enforcement can use anything you say against you. Always request a lawyer before speaking to them.
Posting on social media: Prosecutors may use social media posts as evidence, even if they seem harmless. You should stay offline until we resolve your case.
Ignoring court deadlines: Missing a court appearance can result in a warrant for your arrest and additional charges.
Contacting the alleged victim: In cases involving violence or domestic disputes, reaching out to the alleged victim can violate protective orders and hurt your defense.

Working with our attorneys immediately after an arrest ensures you understand your rights and avoid actions that could weaken your case.

Defense Strategies Tailored to Your Case

No two criminal cases are identical, which is why personalized defense strategies are essential. Our criminal defense attorneys will carefully examine every aspect of your case to develop a defense that maximizes your chances of success. Some potential strategies we may employ include the following:

Illegal search and seizure: We will scrutinize the circumstances of your arrest to determine if law enforcement violated your Fourth Amendment rights. If they obtained evidence through an illegal search or seizure, we will file motions to suppress that evidence, potentially weakening or dismissing the prosecution’s case.
Lack of probable cause: We will challenge the arrest’s validity if there is insufficient probable cause to justify it.
Miranda rights violations: If law enforcement did not properly advise you of your Miranda rights, or if they obtained your statements through coercion or duress, we will seek to suppress those statements.
Insufficient evidence: We will rigorously examine the prosecution’s evidence to identify weaknesses and inconsistencies. If the evidence is insufficient to prove your guilt beyond a reasonable doubt, we will argue for dismissal of the charges.
Challenging witness credibility: We will thoroughly investigate the prosecution witnesses’ backgrounds and potential biases. We will cross-examine witnesses to expose inconsistencies in their testimony and challenge their credibility.
Forensic evidence challenges: We will work with forensic experts to challenge the validity and reliability of forensic evidence, such as DNA analysis, fingerprint analysis, and toxicology reports.
Alibi defense: If you have a credible alibi, we will gather evidence and present witnesses to support your claim that you were not present at the crime scene.
Self-defense: We will present evidence to support your claim that your actions were justified if you acted in self-defense or defense of another person.
Insanity defense: In cases where mental illness is a factor, we may pursue an insanity defense, arguing that you were not mentally responsible for your actions.
Entrapment: If law enforcement induced or coerced you to commit a crime that you would not have otherwise committed, we will argue that you were entrapped.
Necessity: In some rare cases, we can argue that committing the crime was necessary to prevent greater harm.

Negotiating Reduced Charges or Alternative Sentencing

Our Fayette County criminal defense attorneys will leverage our negotiation skills to seek reduced charges or lenient sentences through plea bargaining. We will also explore the possibility of alternative sentencing programs, such as diversion programs, which allow eligible individuals to avoid a criminal conviction by completing court-ordered requirements.

If applicable, we will advocate for rehabilitation programs, such as drug or alcohol treatment, as an alternative to incarceration. Our goal is to poke holes in the prosecution’s narrative, weaken their case, and create doubt in the minds of the jury.

Expungement and Post-Conviction Relief

If you have already been convicted of a crime, all hope is not lost. Kentucky law provides options for post-conviction relief and expungement, which can help you move forward with a clean slate.

Certain misdemeanors and some felony convictions can be expunged, meaning they are erased from your criminal record. This can make finding employment, housing, and educational opportunities easier.

If you believe you were wrongfully convicted or received an unfair trial, you may have grounds for an appeal. We can review your case for legal errors that could justify overturning the conviction or securing a new trial.

In some cases, we can petition the court to reduce your sentence or request parole eligibility. Our experienced criminal defense team can guide you through the expungement process or explore other legal avenues to help you rebuild your life after a conviction.

The Importance of Acting Quickly

Time is of the essence when facing criminal charges. The sooner you hire our Fayette County attorneys, the more time we have to investigate your case, gather evidence, and build a compelling defense. Delaying legal representation can make it more difficult to secure favorable outcomes, as crucial evidence may disappear, and witnesses’ memories may fade.

Additionally, early intervention can sometimes prevent charges from being filed altogether. In some situations, we can engage with prosecutors during the investigative stage and present evidence that dissuades them from pursuing charges.

Contact Our Criminal Defense Attorney Fayette County KY Law Firm Today

If you or a loved one has been charged with a crime in Lexington, KY, or another location in Fayette County, do not wait to seek legal help. A conviction can have serious, long-term consequences that affect your freedom, career, and reputation.

Our experienced Criminal Defense Attorney Fayette County KY law firm at Mashni Law are here to fight for you. We are committed to providing personalized, aggressive representation tailored to your situation. We will defend you whether you are facing minor charges or serious felonies. Contact us today for a free case evaluation to discuss your case and learn how we can help protect your future.