Fayette County Criminal Justice Attorney
When you have been charged with a crime, the legal process can be daunting. Your Fayette County criminal justice attorney with Mashni Law, PLLC will aggressively defend your rights and work to secure the best possible outcome in your case. With a Fayette County criminal justice attorney backed by over a decade of trial experience, you will have a fierce advocate on your side every step of the way.
Common Criminal Charges in Fayette County
Criminal charges in Fayette County range from misdemeanors to serious felonies, each carrying different legal consequences. If you are facing criminal allegations, our criminal justice attorneys in Lexington, KY can help you understand the charges and possible penalties. Under KRS § 532.020, Kentucky law classifies offenses based on severity, with penalties varying based on the nature of the crime and prior convictions.
Misdemeanor vs. Felony Offenses
Kentucky law divides criminal offenses into misdemeanors and felonies based on the seriousness of the crime and potential penalties. Misdemeanors are less severe offenses punishable by up to 12 months in jail, while felonies result in longer prison sentences. Class A misdemeanors, such as DUI or simple assault, carry harsher penalties than Class B misdemeanors like disorderly conduct.
Felony offenses are classified from Class A to Class D, with Class A felonies carrying the harshest penalties, including life imprisonment. Repeat offenses, violent acts, or crimes involving weapons can lead to sentence enhancements. Prosecutors may push for maximum penalties in felony cases, especially if aggravating factors are present.
Violent Crimes
Violent crimes in Kentucky include offenses such as assault, robbery, and homicide. Under KRS § 508.010, first-degree assault is a Class B felony and occurs when someone causes serious physical injury using a deadly weapon. Robbery charges range from Class B to Class C felonies, depending on the level of force used.
Aggravating factors can significantly impact sentencing in violent crime cases. The use of firearms, the severity of injuries, and prior criminal history may increase penalties. If a crime results in death, the prosecution may pursue homicide charges, which carry some of the most severe punishments under Kentucky law.
Drug-Related Offenses
Drug charges in Kentucky cover offenses such as possession, trafficking, and manufacturing. Under KRS § 218A.1415, possessing a controlled substance without a valid prescription is a felony or misdemeanor depending on the drug schedule. Methamphetamine, heroin, and fentanyl possession result in the harshest penalties.
Trafficking or manufacturing drugs carries far more severe consequences. Under KRS § 218A.1412, distributing Schedule I or II substances is a felony that can result in a lengthy prison sentence. If you are accused of drug-related offenses, the prosecution may use drug quantity, paraphernalia, or cash found at the scene to argue for enhanced charges.
Property Crimes
Property crimes include offenses such as burglary, theft, and vandalism. Under KRS § 511.020, first-degree burglary is a Class B felony and involves unlawful entry into a building with the intent to commit a crime, often while armed. Theft charges depend on the value of the stolen property, with felony charges applying to thefts exceeding $1,000 under KRS § 514.030.
The financial impact of property crimes often determines sentencing severity. Higher property values, repeat offenses, and the presence of weapons can escalate penalties. In some cases, restitution to the victim may be required in addition to criminal penalties.
How Criminal Cases Move Through the Fayette County Court System
If you are charged with a crime, your case will follow a structured legal process from arrest to resolution. Our criminal justice lawyers in Lexington, KY with Mashni Law, PLLC can guide you through each stage and help you understand your options. The court system separates misdemeanor and felony cases, which affects how charges are prosecuted.
After an arrest, the first step is an arraignment, where the judge formally presents the charges and asks for a plea. If you plead not guilty, the case moves into the pretrial phase, where evidence is reviewed, and negotiations may take place. Misdemeanor cases are typically handled in district court, while felonies proceed to circuit court.
Felony cases may involve grand jury indictments, where jurors determine whether enough evidence exists for a trial. If the case goes to trial, both the prosecution and defense present their arguments before a judge or jury. If convicted, sentencing follows based on Kentucky’s sentencing guidelines, with the possibility of appeals or post-conviction relief.
Felony Sentencing Guidelines in Kentucky
Felony charges in Kentucky carry severe penalties that vary based on the classification of the offense. If you are facing felony charges, the sentence you receive depends on the crime’s severity, prior convictions, and whether mandatory minimums apply. A criminal justice attorney near you in Lexington, KY can help you understand how these sentencing guidelines impact your case. Felonies are divided into four classes, each with specific sentencing ranges.
Class A, B, C, and D Felonies
Kentucky categorizes felonies from Class A, the most serious offenses, to Class D, which carries the lowest felony penalties. Class A felonies, such as murder or first-degree rape, carry sentences of 20 years to life in prison. Class B felonies, including first-degree assault and burglary, result in 10 to 20 years of imprisonment.
Class C felonies include crimes such as second-degree robbery or drug trafficking, with penalties ranging from 5 to 10 years in prison. Class D felonies, the least severe, cover offenses like possession of a controlled substance or receiving stolen property, carrying 1 to 5 years in prison. Mandatory minimum sentences apply to certain violent crimes, limiting parole and probation eligibility.
Persistent Felony Offender Enhancements
If you have prior felony convictions, you may face enhanced sentencing as a Persistent Felony Offender (PFO) under KRS § 532.080. Prosecutors can seek longer prison sentences for repeat offenders, increasing penalties beyond the standard felony guidelines. A Class D felony could be enhanced to a Class C or B felony, significantly extending prison time.
The legal process for repeat offenders involves additional hearings to determine the appropriate sentence. Judges consider prior convictions, the nature of the offenses, and the time elapsed between convictions when deciding on enhanced penalties. If you are classified as a persistent felony offender, your eligibility for parole or probation may be significantly reduced.
Differences Between Probation and Parole in Kentucky
Probation and parole allow convicted individuals to serve part of their sentence outside of jail, but they differ in eligibility and conditions. Probation is granted instead of incarceration, while parole is earned after serving time in prison. The terms of both require strict compliance with court-ordered conditions.
Felony and misdemeanor offenders may qualify for probation, depending on the severity of the crime and prior criminal history. Judges may impose probation instead of jail time for first-time, non-violent offenses, allowing defendants to serve their sentence under supervision. Parole eligibility depends on Kentucky’s parole board, which considers behavior while incarcerated and the risk of reoffending.
Violating the terms of probation or parole can result in additional penalties. Missing meetings, failing drug tests, or committing new offenses can lead to probation revocation or a return to prison. The court may impose additional sentencing or require the individual to serve the remainder of their original sentence behind bars.
Your Rights After an Arrest in Fayette County
If you are arrested in Fayette County, you have constitutional rights that law enforcement must respect. The right to remain silent and the right to legal representation protect you from self-incrimination and unlawful questioning. If police fail to inform you of these rights, any statements you make may be inadmissible in court.
Improper police procedures can impact the validity of a case. If officers conduct an unlawful search, obtain a forced confession, or violate due process, the evidence against you may be challenged. The prosecution must prove their case beyond a reasonable doubt, and constitutional violations can weaken their arguments.
What to Expect at a Criminal Arraignment in Fayette County
An arraignment is the first court appearance where you will be formally charged and asked to enter a plea. The judge will inform you of the charges, and you must decide whether to plead guilty or not guilty. A not guilty plea moves the case to pretrial hearings and, potentially, trial.
Bail is determined based on several factors, including the severity of the offense, prior criminal history, and whether you are considered a flight risk. For serious felonies, bail may be set very high, while lower-level offenses may allow release with conditions. If bail is granted, you may need to comply with restrictions such as travel limitations or regular check-ins with the court.
Key Kentucky Laws That Impact Criminal Cases
Kentucky criminal cases are subject to strict sentencing guidelines and parole eligibility rules. Felony sentencing is determined by the severity of the offense, criminal history, and any aggravating circumstances. The law establishes minimum and maximum penalties for each felony classification.
The parole system considers factors such as the nature of the crime and institutional behavior. Violent crimes often carry parole restrictions, requiring offenders to serve a higher percentage of their sentence before eligibility. If you are convicted of a felony, understanding Kentucky’s sentencing laws is critical in determining possible outcomes.
Kentucky’s Expungement Laws and Eligibility
Expungement allows individuals to clear their criminal records under certain conditions. Under KRS § 431.073, non-violent felony convictions may be eligible for expungement after a set waiting period. If you qualify, your criminal record can be sealed, preventing it from appearing in background checks.
A criminal justice attorney near you can determine whether you are eligible for expungement based on your charges and sentence completion. Certain Class D felonies, misdemeanors, and acquittals can be expunged after five years if no new offenses have been committed. The expungement process involves filing a petition with the court, paying applicable fees, and attending a hearing if required.
Once a conviction is expunged, it is as if the offense never occurred. This can help with employment, housing, and other opportunities that may have been limited by a criminal record. If you meet the eligibility criteria, expungement can provide a fresh start and remove barriers caused by past convictions.
Defending Against Criminal Charges in Fayette County
If you are facing criminal charges in Fayette County, the prosecution must prove guilt beyond a reasonable doubt. Weak evidence, unreliable testimony, or constitutional violations can undermine their case. Building a strong defense involves challenging the evidence and ensuring your rights were not violated during the investigation.
Challenging the Prosecution’s Evidence
The strength of the prosecution’s case depends on the evidence they present. If the case lacks physical evidence, relies on conflicting testimony, or depends on unreliable witnesses, the charges may not hold up in court. The defense can question inconsistencies, raise doubts about witness credibility, and highlight gaps in the prosecution’s argument.
Expert witnesses play a crucial role in criminal defense cases. Forensic analysts, medical experts, and digital evidence specialists can provide testimony that contradicts the prosecution’s claims. If expert analysis exposes weaknesses in the state’s evidence, it may lead to reduced or dismissed charges.
Violations of Constitutional Rights
If law enforcement violated your constitutional rights during an arrest or investigation, the evidence they collected may not be admissible. Unlawful searches, coerced confessions, and failure to provide Miranda warnings can weaken the prosecution’s case. If the police did not follow proper procedures, your defense team can file a motion to suppress the evidence.
When key evidence is suppressed, the prosecution may struggle to move forward with charges. If an illegal search led to drug possession charges or an improper interrogation resulted in self-incriminating statements, those elements may be excluded from trial. The exclusion of unlawfully obtained evidence often forces the prosecution to offer a plea deal or dismiss charges altogether.
Defend Your Future with our Fayette County Criminal Justice Attorney Law Firm
Criminal charges can threaten your freedom, reputation, and future. A criminal justice attorney in Fayette County from Mashni Law, PLLC will provide the dedicated defense you need to challenge the prosecution’s case. Contact us today to schedule a free, confidential consultation and take the first step toward protecting your rights.