Category: Criminal Law

The 5 Categories Of Capital Offenses And Felonies In Kentucky…

There are five groups of felonies and capital offenses in Kentucky. There are Class A, B, C, or D felonies as well as capital offenses. The worst offenses of crimes are saved for these classifications. They can lead directly to a long jail sentence if you don’t know how to maneuver through the system. Below are some of the captial offenses and felony classes. They regulate the gravity of a crime and what the sentencing could be.

Capital Offenses

Capital offenses include murder and kidnapping that results in the victim’s death. Capital offenses are those that could result in the death penalty sentence. Another possible punishment for a capital offense would be 25 years to life in jail, as well as life without parole or a jail sentence of 20-50 years. The crime circumstances are weighed against the offender’s mental status as well as how the survivors of the victim are affected.

Class A Felonies

Class A felonies are serious crimes that are not considered capital offenses. These sentences range from 20-50 years in jail as well as life in prison. For example, the rape of a child is considered first-degree rape. Armed robbery would also be a Class A felony as would grand larceny and spiteful wounding. Murder is usually known as a capital offense, but occasionally it is considered a Class A felony due to situations that may be better served by a life sentence, not the death penalty.

Class B Felonies

Class B felonies are punishable by 10-20 years of jail time. Examples of Class B felonies are rape, sodomy, and manslaughter in the first degree. This category contains sexual offenses as well as negligent murder.

Class C Felonies

Class C felonies have the punishment of 5-19 years of jail time. These mostly involve property. Larceny that involves property whose value is more than $10,000 but less than $1 million is a Class C felony. Manslaughter in the second degree, assault in the second-degree, trafficking in controlled substances, and unauthorized use of a credit card in an abundance of $10,000 are also considered Class C felonies. Other examples are cybercrimes, including accessing a computer or network without authorization.

Class D Felonies

Class D felonies are punishable by 1-5 years of jail time. This includes credit card use that is not authorized in the amount of $500-$1000. Also included in this Class of felony are drug possession, endangerment in the first degree, and stalking. If you have 5 or more marijuana plants this is also a Class D felony. Also, several misdemeanors can add up to a Class D felony. If one already has 4 DUIs the next one would be bumped to a felony.

Grubbs & Landry Can Defend You Against Criminal Law Charges

Criminal charges, whether a misdemeanor traffic violation or a felony possession charge, can be a scary process for you or a family member. We operate under the presumption that you are innocent until proven guilty and we will advocate for your legal rights.
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Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

Your Options If You Have Been Accused Of Credit Card Fraud In Kentucky…

If you have been accused of credit card fraud, you may face fines and time in the county jail. Often, you would be ordered to pay restitution to cover the losses suffered by your victims. In some cases, you would be charged with multiple crimes, including both misdemeanors and felonies. Stealing a debit or credit card number and fraudulently using it is a crime, and in Kentucky, it is a felony. If you are accused of this type of crime you need an experienced fraud lawyer.

The Legal Definition Credit And Debit Cards

You can be accused of fraud for the theft of either of the cards.

  • A Debit Card is plastic currency or plastic money. The owner can use it to buy things instead of using cash. Typically, the banks issue a Debit Card and services are based on the funds that are deposited into the owner’s checking or savings account. All transactions made through the Debit Card are reflected in the owner’s bank account statement.
  • A Credit Card means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services issued by a bank or financial institution that allows the owner to receive goods.

3 Types of Credit and Debit Card Fraud Under Kentucky Law

  • Cardholder Fraud – Fraud by false statements. If you lie on your credit card application and receive a line of credit that you would have otherwise been denied, you have technically committed fraud. This includes lying about your name, social security number, address, or income. This is an especially serious crime if you try to get a credit card in someone else’s name by filling out an entire application with their personal information.
  • Merchant Crimes Fraud – Merchant crimes occur when a merchant or service provider falsely claims that they provided goods, or services and charges the card when no goods or services were actually provided. Even when the goods or services in question are sold legally, falsely representing the nature of a credit card payment violates the processing merchant’s agreement with its acquiring bank. Using such a scheme to sell products illegally may also violate a number of state, federal, and AML laws depending on the nature of the transaction.
  • Third-party Fraud – Triangulation fraud is when a customer makes a genuine purchase on a third-party marketplace, but the product they receive was fraudulently purchased from a different retailer’s website. This is a convenient scheme for cybercriminals, who take advantage of smaller merchants to make some quick cash. Third-party crimes also include stealing cards, buying or selling cards, and phishing ( using the card yourself or selling the information on the card). And even making false credit cards.

Federal Laws

Federal Laws can also be applied to the prosecution of credit and debit card theft and fraud: The vast majority of credit card fraud cases are prosecuted under state laws and courts, but they can also be charged as a federal crime under 18 U.S.C. § 1029. Credit card fraud occurs in many ways and several federal statutes can be used by a prosecutor to indict someone who has violated federal laws.

Federal penalties for using a “device” to commit fraud (the law defines a credit card as such a device) can include up to 20 years in prison, plus fines and forfeiture of personal assets. U.S. Code. 18 U.S.C. Kentucky state law declares that a person found guilty can be fined and imprisoned for up to 50 years.

If you’ve been charged with credit card fraud you need legal counsel. Credit card fraud is a white-collar offense and you need an experienced defense attorney to help determine the nature of the charges and which defense will be the most effective.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.

Assault Versus Battery – Understanding the Difference…

If you are facing criminal charges, you are probably worried about how they might impact your future– you know you have quite a bit to lose. Being formally convicted brings about the possibility of severe consequences, like fines, time in jail or prison, and so much more. You also risk the loss of your reputation, especially when the charges before you involve violence. This can change your entire future; it’s a lot to take in. The most common charges associated with acts of violence are assault and battery. While these seem to go hand in hand, they are two distinct charges. You might be able to benefit from learning as much as possible about these charges as you decide what your next move will be. How you choose to confront these charges can offer you an opportunity to fight for your future and potentially mitigate some of the penalties that might be on the forefront.

Understanding The Differences Between The Charges

Assault and battery are two distinct criminal charges that most often involve a physical act when one individual caused harm to another. Perhaps the most important element to distinguish one from the other is intent which can be hard to prove beyond reasonable doubt.

  • Assault – Occurs when one person causes or attempts to cause injury to someone else. You can face assault charges even if there was no direct physical contact. To prove assault, the prosecution typically has to prove general intent.
  • Battery – Happens when a person purposely harms, threatens, or has offensive contact with another person without their consent. It is not necessary for the prosecution to prove intent during a battery hearing.

Working through the Kentucky criminal justice system can be complicated and confusing. It is beneficial for you to understand what you are facing so that you can adequately prepare an effective defense strategy for your case.

What Do You Have To Lose?

Your future. Your livelihood. Your reputation. Everything. Facing assault and battery charges can be detrimental to your future and a conviction or guilty plea are NOT your only options. If you want to protect your future and possibly avoid being convicted, take action as soon as you learn about an investigation or are arrested. Educate yourself on what defense options are available to you.

Want a team you can trust to work for you and get you the best possible result for your case? We offer personal and friendly service that is cost-effective. Let our team be the advocates you need to get through this matter.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.