Criminal Defense Attorney Lexington, KY

If you have recently been taken into police custody and charged with a crime, you may be feeling intimidated, overwhelmed, and worried about what the future might bring. The consequences that come with a guilty verdict could profoundly alter the course of your life and strip you of your liberties. Fortunately, when you have a respected Lexington criminal defense attorney from Mashni Law, PLLC, working for you, the criminal justice system does not need to be so daunting.
Our team is award-winning, trial experienced, and is widely recognized as being some of the area’s leading criminal defense lawyers. Let us put our resources and zealous client advocacy to work for you when you need a powerful criminal defense strategy. Schedule a confidential consultation today to learn more about the extent of the charges against you and the steps you should take if you hope to clear your name and get home to your family sooner.
Mashni Law Prioritizes Your Defense Strategy
There are pages and pages of search results to sift through when you go online looking for the best Lexington criminal defense attorneys near you. It can make choosing the right law firm to take on your defense that much more challenging. We do not think it should be stressful to find the right criminal defense team to take on your case.
When you choose Mashni Law, PLLC, you can expect concierge-level support. Our attention to detail when seeking mercy for people who made a mistake and defending the innocent allows us to ensure our client’s rights are protected and that they are treated fairly when moving through the Kentucky criminal justice system. Your well-being is our top priority.
Our unwavering dedication to our clients can be supported by our recent awards in Gold and Bronze for “Best Criminal Defense Firm” and “Best Law Firm,” respectively, in the Herald Leader’s 2024 Best of Lexington. We also earned the 2024 award for the Fayette County Bar Association’s “Citizen Lawyer.” Let us help you navigate the complexities of your case and get home to your family sooner. Finally, our founding attorney, Abe Mashni was recently named President of the Kentucky Association of Criminal Defense Lawyers (KACDL). The organization is the preeminent criminal defense organization in Kentucky.
Common Types of Cases Our Criminal Defense Lawyers Take On
You are going to want to work with a criminal defense lawyer who has considerable experience handling cases similar to yours. With Mashni Law, PLLC, you are choosing a firm with extensive knowledge of the criminal justice system and decades of trial experience. Some of the most common types of criminal cases we take on include:
- Violent crimes
- DUIs
- Theft crimes
- Drug crimes
- Sex crimes
Violent Crimes
Your Lexington criminal defense lawyer with Mashni Law, PLLC, may be able to help you avoid some of the harsh criminal penalties when you are accused of committing a violent crime. These carry the most severe sentences for all types of crimes. Depending on the type of violent crime you are accused of committing, you could be charged at the misdemeanor or felony level.
For instance, you may need a homicide defense attorney if you were charged with class A misdemeanor assault in the fourth degree under KRS § 508.030, you could spend up to one year in jail. However, if you are accused of first-degree manslaughter, you would face fines as high as $10,000 and spend between 10 and 20 years in prison under KRS § 507.030. As a capital offense, if you are charged with murder under KRS § 507.020, you could also face the death penalty as described under KRS § 532.030.
If you are designated as a violent offender as described under KRS § 439.3401, you could face enhanced penalties. Some of the different crimes that designate a person as a violent offender include:
- Use of a minor in a sexual performance under KRS § 531.310
- First-degree burglary under KRS § 511.020
- First-degree burglary, accompanied by the attempted or actual commission of kidnapping under KRS § 509.040
- Promoting a sexual performance by a minor under KRS § 531.320
- First-degree criminal abuse under KRS § 508.100
- Human trafficking under KRS § 529.100
- First-degree arson under KRS § 513.020
- First-degree wanton endangerment involving the discharge of a firearm under KRS § 508.060
- First-degree unlawful transaction with a minor under KRS § 530.064(1)(a)
- Incest under KRS § 530.020(2)(b) or (c)
- First-degree promotion of contraband under KRS § 520.050
- First-degree burglary accompanied by the attempted or actual commission of assault under KRS § 508.010
- Carjacking under KRS § 515.040
- First-degree robbery under KRS § 515.020
- Second-degree robbery under KRS § 515.030
- Strangulation in the first degree under KRS § 508.170
Driving Under the Influence (DUI)
Another common type of case we handle is DUI charges. If you are accused of driving under the influence (DUI) under KRS § 189A.010, even as a first-time offender, you will need a dedicated DUI defense lawyer to avoid the steep penalties these charges carry. If this is the first time you have been accused of a DUI in the last 10 years, you could be required to complete up to 90 days of substance or alcohol abuse treatment. Other possible penalties could include:
- A 180-day license suspension
- Fines up to $500
- Up to 30 days of community labor
- Up to 30 days in jail
Fines only continue to increase with subsequent convictions and increased blood alcohol concentration (BAC) levels. For instance, if this is your third DUI, your driver’s license could be suspended for up to 36 months, you could face up to $1,000 in fines, be ordered to spend up to one year in drug or alcohol treatment and spend up to 12 months in jail, among other penalties. DUI convictions can remain on your driving record for up to 10 years but can remain on your criminal record indefinitely unless you can get your record expunged.
Theft Crimes
Our criminal defense attorneys regularly fight to protect the rights of those who have been accused of theft and other related crimes. The value of the stolen goods or property will determine the extent of your charges and possible penalties. For instance, according to KRS § 514.050, if the property or services were valued at less than $1,000, you could face misdemeanor charges. If convicted, you could be ordered to pay a $500 fine and spend up to 12 months in jail.
However, if the property or services are valued at more than $1,000, you will typically face class D felony charges. Depending on the value of the services or property, you could be looking at up to 20 years in prison. Aggravating factors, such as the use of a weapon, drugs, or force during the commission of the theft, could dramatically increase the extent of your consequences if convicted. Some of the most common types of theft crimes your theft crimes attorney can defend against include:
- Identity theft
- Receiving stolen property
- Shoplifting
- Grand theft auto
- Petty theft
Drug Crimes
If you are accused of committing any type of crime involving controlled substances, our Lexington criminal defense lawyers can help you determine which defense strategy is most likely to secure a favorable outcome. There are many different types of drug crimes, including possession, manufacturing, and trafficking. The type of controlled substance and the amount of controlled substances in question will determine the extent of the charges you face.
For instance, possession of marijuana is considered a class B misdemeanor as described under KRS § 218A.1422. If convicted, you could be ordered to pay a $250 fine and spend up to 45 days in jail. However, if you are accused of being in possession of a Schedule I controlled substance under KRS § 218A.1415, such as heroin or cocaine, the penalties may be far more severe. If the drugs were being transported or trafficked across state lines, your charges could even be elevated to a more severe felony.
Sex Crimes
Your criminal defense attorney is prepared to defend those who have been accused of committing sex offenses. It is more common than you might think for false accusations to turn defendants’ lives upside down. Some of the most common types of offenses your sex crimes defense attorney has taken on and the possible penalties that come with a conviction ,according to the Kentucky Attorney General, include:
- First-degree sodomy under KRS § 510.070 – This is typically considered a class B felony, punishable by up to 20 years in prison.
- First-degree sexual abuse under KRS § 510.110 – This is generally tried as a class D felony if the victim is over the age of 12, punishable by up to 10 years in prison.
- Sexual misconduct under KRS § 510.140 – This is generally tried as a class A misdemeanor, punishable by up to 12 months in prison.
- First-degree indecent exposure under a KRS § 510.148 – This is generally tried as a class B misdemeanor for first-time offenders, punishable by up to 90 days in prison for a first offense, and up to five years for three or more offenses.
- First-degree rape under KRS § 510.040 – This is generally tried as a class B felony if the victim is over the age of 12, punishable by up to 20 years in prison and a lifetime sex offender registration requirement.
- Voyeurism under KRS § 531.090 – This is generally tried as a class A misdemeanor, punishable by up to 12 months in prison.
- Distribution of sexually explicit images without consent under KRS § 531.120 – This is generally tried as a class A misdemeanor for first-time offenders, punishable by up to 12 months in prison.
Lexington Criminal Defense FAQ
When you have questions about the criminal defense process or the charges against you, you should be able to reach your criminal defense attorney easily. When you have a Lexington criminal defense attorney from our firm handling your case, you can expect answers when you need them most.
To that end, we have included a quick FAQ below that goes over some of the top questions and answers surrounding the criminal justice system in Kentucky. Additional questions can be discussed during your initial consultation.
What is the statute of limitations for criminal charges in Kentucky?
Our criminal defense attorneys will determine whether the statute of limitations has already passed in your case. The severity of the charges against you will determine how long the statute of limitations runs.
For instance, if you are accused of committing a misdemeanor offense, the prosecutor has up to one year to file charges against you unless it is a misdemeanor sex crime involving a minor. There is no statute of limitations for felony criminal charges as described under KRS § 500.050.
Does Kentucky have wobbler crimes?
Yes, there are wobbler crimes in Kentucky. Your criminal defense lawyer will attempt to reduce felony-level charges down to a misdemeanor wherever possible. The presence of aggravating or mitigating factors, your criminal record, and the type of crime you are accused of committing will all contribute to determining whether the state moves forward with misdemeanor or felony charges. Examples of wobbler crimes could include:
- Burglary
- Carrying a loaded firearm in public
- Domestic violence
- Forgery
- Making criminal threats
Will I qualify for pretrial diversion?
Your Lexington criminal defense lawyer will help you determine whether you qualify for pretrial diversion under KRS § 533.250. Generally, you must not have been on parole, felony probation, or release from a felony conviction within the last 10 years and are being accused of committing a nonviolent offense.
Can I get my criminal record expunged?
Our criminal defense lawyers will carefully review your criminal record to determine whether you meet the eligibility requirements for expungement under KRS § 431.076. These include:
- Allowing the 5 to 10-year waiting period to pass.
- Have no current pending criminal charges.
- Have no felony or misdemeanor convictions within the last five years.
Trust Your Defense to Our Top-Rated Lexington Criminal Defense Attorneys
Your freedom could be on the line when you are facing serious criminal charges. If you hope to put the trauma of this experience behind you so you can start rebuilding your life, it is imperative that you secure an acquittal or other favorable outcome. With our Lexington criminal defense lawyers working for you, you can feel confident negotiating with the district attorney or presenting your case at trial.
Our team’s passion for the law and ability to analyze the state’s most complex criminal statutes make us uniquely qualified to take on your defense. You are going to need a private criminal defense attorney who will dedicate the time and resources your case needs to win. Learn more about how the criminal justice system works and the possible penalties you could be facing based on the circumstances of your charges when you contact our office by phone or through our secure online contact form to schedule your confidential consultation as soon as today.