Information from the County Attorney's Office
By Steven J. Franzen, Campbell County Attorney
Recently, a reader asked about what types and classes of crime exist. A crime is an unlawful act that is punished by the Commonwealth. Crimes are divided into three types: felonies, misdemeanors, and violations. A crime is placed into that type based on the severity. Similarly, crimes of each type are further divided into classes. Below I will briefly overview each of the types and related classes of crime.
Violations
Violations are the least serious crimes a person can be charged with. People charged with violations are usually cited for traffic violations like speeding, improper lane usage, and careless driving. There are no classes of violations and they are heard in District Court. The maximum penalty for a violation is $250 plus court costs. The Campbell County Attorney’s Office handles approximately 6,000 violations each year.
Misdemeanors
Misdemeanors are divided into two classes (A and B) and are heard in District Court. Class A misdemeanors are the most prevalent and most serious. Class A misdemeanors include drug paraphernalia, assault, and bad check under $500. Also, serious traffic offenses, for example, DUI, driving on suspended license, can be listed as Class A misdemeanors. Class A misdemeanors are crimes with a maximum sentence of no more than one year in jail and a $500 fine plus court cost. The difference between Class A and Class B misdemeanors is that the maximum punishment is limited to 90 days jail for Class B misdemeanors. The Campbell County Attorney’s Office handles approximately 3,000 misdemeanors each year.
Felonies
Felonies are the most serious criminal offenses and each carry a maximum penalty greater than one year in prison. An easy way to distinguish a felony from a misdemeanor is to look at the penalty for the offense. If the penalty is for more than one year imprisonment, the offense is a felony. If the penalty is less than one year imprisonment, then it is a misdemeanor.
In Kentucky, felonies are divided into four classes (A, B, C, and D). Felony charges include murder, assault with serious injuries, armed robbery and grand larceny. Commonly, felonies are brought against people charged with drug-related offenses and other theft offenses. All cases that involve at least one felony are decided in Circuit Court. Each class of felony is based on the potential penalty. For example, Class A felony imprisonment is 20 to 50 years, or life, whereas Class B is 10 to 20 years, Class C is 5 to 10 years, and Class D is 1 to 5 years. Generally, our office’s involvement in felonies is limited to drafting the criminal complaint, search warrants and arrest warrants in certain cases. The Commonwealth Attorney’s Office primarily prosecutes felonies.
Once a person is charged with a crime, most commonly by the police, the prosecution of the accused is a step by step process that can often be long, complicated, and confusing. Should you, a loved one, or a friend ever find yourself in such a predicament, you should contact an experienced criminal defense attorney to help you.
I hope this information is interesting and helpful. If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071