Archive for the ‘Misdemeanor’ Category

What Is Third-Degree Drug Possession in Kentucky?

A third-degree drug possession charge in Kentucky is a less serious drug-related crime, but it still needs to be taken seriously. A conviction could potentially result in jail time, a fine and a lost job. Having a criminal record could make it more difficult for you to be hired, promoted or rent a home. Under Kentucky law, a person is guilty of possession of a controlled substance in the third degree if he or  she knowingly and unlawfully possesses a controlled substance classified in Schedules IV or V. Those schedules […]

Death of Two-Year-Old Renews Calls for Criminal Charges for Negligently Stored Firearms

So far this year in Kentucky, two children have been killed and five injured by firearms that weren’t securely stored, reports the Louisville Courier Journal. Most recently, two-year-old Montreal Dunn from Louisville shot himself and died in what has been ruled an accidental death. In response to this shooting, State Rep. Jim Wayne of Louisville is pushing legislation to require guns to be securely locked in a box or container, by a device or carried by an adult. Not doing so in the presence of children would be a misdemeanor. […]

Despite the popularity of criminal courtroom television dramas such as “Law & Order” and “Matlock,” they are not 100% accurate reflections of American criminal process. Instead of jury trials, many cases are resolved through plea bargains. These negotiations are agreements in which a defendant agrees to plead guilty to a lesser charge, to only one of several charges, or to the original charge along with the prosecution’s recommendation for a sentence that is usually under the statutory maximum. Most plea bargains are subject to the approval of the court. The […]

How disappointing was UK’s loss to UConn in the 2014 NCAA championship game? Don’t remind you, right? UK was so close to pulling it off. If only the Cats had had another couple minutes to turn things around, Lexington would be celebrating victory instead of defeat, and couches wouldn’t be burning on State Street. Well, that last part might not be true. Recent news reports indicate fans like to torch couches whether Big Blue wins or loses. And where there are burning couches and similar shenanigans, there will be arrests […]

The penalties for the offense of criminal mischief in the third (3rd) degree are up to 90 days in jail and/or up to a $250 fine (KRS 512.040). The actual disposition of the case will depend upon the facts of the case, your prior offenses, and the prosecution’s recommendation if your case is to be settled. If your case is tried, whether you are found guilty – and if so, the punishment – will be up to a jury, or if you prefer, a judge sitting without a jury. A […]

In Kentucky, the offense of criminal trespass in the third (3rd) degree occurs when a person “knowingly enters or remains unlawfully in or upon premises.” (KRS 511.080). Many factors could affect your sentence if you are convicted, including the facts of your case and any prior offenses you may have in the past. Criminal trespass in the third (3rd) degree is a violation, so a typical sentence upon conviction would include a fine. However, even if the prosecution has evidence of this violation sufficient to convict you, you may be […]

Assault (4th Degree) is usually not a felony, but it is a Class A (the highest class of) Misdemeanor. This charge often arises in the context of alleged domestic violence. A person is guilty of Assault (4th Degree) when he or she: Intentionally or wantonly causes physical injury to another person; or Recklessly causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (KRS 508.030) A conviction of Assault (4th Degree) (a Class A Misdemeanor) could carry a fine of up to $500 (KRS […]