Kentucky Criminal Statutes of Limitations

If you have been arrested and charged with a crime in Kentucky that happened in the past, you may be wondering if there is a statute of limitations for criminal charges that allows you to be “home free” from prosecution after a certain period of time.  The answer depends on the crime, how long ago it occurred, and Kentucky’s statute of limitations laws.

A statute of limitations is a deadline, the maximum period of time after something happened in which you have the right to sue or make a claim; after that, legal action is forever barred. When it comes to criminal acts, the law prohibits the district attorney or prosecutor from charging you with a crime after the amount of time allowed by the statute of limitations has passed. If you are charged after the applicable time period has passed, you can have the case dismissed. Even if you are found guilty, the case must be thrown out if the statute of limitations has expired.

If you have been charged with a crime in Kentucky, a conviction can mean jail time, fines, and a permanent criminal record that will negatively impact your reputation, career, personal relationships, and the ability to receive housing and educational benefits in the future. With consequences so serious, you do not want to face these charges alone.  Prosecutors are out to get convictions and know how to move quickly against you, so don’t count on the statute of limitations’ running out to save you from punishment. Get help from an experienced Kentucky criminal defense lawyer who knows the laws, the courts, and the system and how to use them to fight for your rights and your freedom.

What are Kentucky’s Criminal Statutes of Limitations?

The Kentucky criminal statutes of limitations are found in KRS 500.050 – General Provisions: Time Limitations. According to the law, there is no statute of limitations for a felony, and you may be prosecuted at any time, even years later.

However, there is a time limit for misdemeanors, which may only be prosecuted within one year after the crime was committed. The only exception is that the misdemeanor statute of limitations is paused if a sexual offense was committed against a victim under age 18. According to Kentucky Revised Statutes section 510.010 et seq., if the victim of a misdemeanor sexual offense is a minor at the time of the crime, the case must start within 5 years after the victim turns 18 years old, or within 10 years for crimes committed after 2021.

The statute of limitations is counted from the date of the alleged offense or when it was discovered, or if the victim of a misdemeanor sex offense is younger than 18, the clock starts running when the victim turns 18.

What are Felonies and Misdemeanors?

When you are arrested for a criminal offense, it will be charged as either a felony or a misdemeanor. Since felonies have no time limits for being charged, but misdemeanors have a one-year statute of limitations, it is important to understanding the differences if facing criminal allegations.

Felonies. Felonies, the most serious offenses, carry the most severe punishments and have no time limits for prosecution. In Kentucky, felony crimes are divided into classes from A to D, with A being the most serious. Depending on the severity of the crime, conviction can bring a sentence from one year to as much as 50 years or life in prison.

Class A felonies. Examples of Class A felonies include murder, malicious wounding, certain armed robberies, grand larceny, rape of a child under the age of 12, and certain drug-related crimes. Conviction can bring a prison sentence of 20 to 50 years, or life imprisonment.

Class B felonies include manslaughter in the first degree and sex-related crimes like sodomy and rape. Conviction is punishable by a prison term of 10 to more than 20 years.

Class C felonies include crimes such as unauthorized and unlawful access to a computer, unauthorized use of a credit card involving $10,000 or more, assault in the second degree, manslaughter in the second degree, and trafficking in a controlled substance. Conviction can result in a sentence of 5 to 10 years in state prison.

Class D felonies are crimes such as possession of a firearm by a convicted felon, unauthorized credit card use for $500 to $1,000, stalking in the first degree, possession of a controlled substance, and wanton endangerment in the first degree. Punishment may be a prison sentence of one to five years.

Misdemeanors. Misdemeanors are less serious offenses than felonies, and punishment is usually one year in a county jail and fines. Examples of misdemeanors include DUI (1st, 2nd, and 3rd offense), simple assault, and theft of items worth less than $500.

Remember, while there is a one-year statute of limitations for misdemeanors, there is an exception for a misdemeanor sex offense committed against a minor. Examples of these crimes include child pornography, sexual exploitation of a minor, sexual abuse, and sexual misconduct.

In 2021, Kentucky changed the statute of limitations from 5 to 10 years for misdemeanor sex offenses involving child victims. This means that prosecutors can file charges anytime up until a victim turns 28 rather than 23. However, these extended time limits do not apply to past cases where the statute of limitations has already expired. They can only apply to crimes committed after the law changed or to crimes committed before the law changed only if the prosecutor hadn’t already run out of time to file charges. The extended time limits are to make up for the fact that many child victims of crimes do not report it to the police and are not able to deal with them until they mature.

Why is There a Statute of Limitations?

The purpose of a statute of limitations is to make sure that a criminal prosecution is fair to the defendant and that they have an opportunity to defend themselves. When a long period of time has passed between a crime and its prosecution, witnesses may not have clear recollection of what happened, or they may not be able to be located. In addition, evidence such as DNA can be contaminated or lost, and video, surveillance footage, photographs, and records can disappear or be purged.

If you are charged with a crime, you deserve every opportunity to prove you are innocent, and it can be difficult for your defense attorney to do so when too much time elapses. However, Kentucky considers felony cases too serious to limit the time prosecutors have to bring a case.

Get Help from a Criminal Defense Attorney in Kentucky

Never count on having a statute of limitations expire as your only defense – prosecutors are well-aware of the laws and will bring a case against you as quickly as possible. If you or a loved one has been charged with a criminal offense in Kentucky, it is important to get legal help immediately.

At Dan Carman, PLLC, we have a proven track record of successfully defending clients against criminal allegations, and we are committed to providing you with the best defense possible. Attorney Dan Carman has represented clients accused of a wide range of criminal acts that include sex crimes, possession and distribution of drugs, child pornography, larceny, hazing, and obstruction of justice. Dan was also a Judge Advocate “JAG” defense lawyer and prosecuting attorney for Marine Corps and Navy personnel. This experience gives him the advantage of knowing both the prosecution and defense sides of the criminal process.

Having our skilled and experienced legal team by your side can make all the difference in securing a favorable outcome in your case, regardless of the statute of limitations.

Call Dan Carman today at 859-685- 1055 so we can begin building your defense immediately.

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