Kentucky Criminal Defense Laws
Kentucky has no statute of limitations for any felony — prosecution may be commenced at any time. Felonies are classified into Capital Offenses and Classes A through D. The death penalty is legally authorized but effectively suspended since 2009 by court order, with no executions since 2008. Kentucky expanded Class D felony expungement eligibility with SB 57 (2019), allowing most Class D felony convictions to be expunged after 5 years.
Last verified: 2026-02-25
Statute of Limitations
Kentucky has NO statute of limitations for any felony — prosecution may be commenced at any time. Misdemeanors must be prosecuted within 1 year. Exception: misdemeanor sex offenses where the victim was under 18 must be prosecuted within 5 years after the victim turns 18.
Key Kentucky Statutes
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.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Kentucky Legislature — Criminal Code. For advice about your specific situation, consult a licensed attorney.
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