Criminal Defense Laws in Kentucky.

Capital Offense: death or life without parole. Class A: 20-50 years or life. Class B: 10-20 years. Class C: 5-10 years. Class D: 1-5 years. Class A Misdemeanor: up to 12 months jail, $500 fine. Class B Misdemeanor: up to 90 days, $250 fine. Persistent Felony Offender (PFO) laws under KRS 532.080 can significantly enhance sentences.

SB 57 (2019) expanded eligibility for most Class D felony expungement. Available 5 years after completion of sentence, probation, or parole. Exclusions: DUI, domestic assault, impersonating a peace officer, sex offenses, offenses against children, offenses causing serious bodily injury or death. One-time limit; $500 filing fee.

Kentucky's death penalty is legally authorized but effectively suspended since 2009 by court order. Only 3 executions since 1976. Method: lethal injection; those sentenced before March 31, 1998 may choose electrocution. The Franklin County Circuit Court ruled part of the execution protocol unconstitutional in April 2025.

DUI penalties escalate based on prior convictions within 5 years (KRS 189A.010(5)). Aggravating circumstances (KRS 189A.010(11)) double minimum jail time and make it mandatory with no early release.