Class A vs. Class B Misdemeanors in Kentucky: Penalties and Possible Jail Time

If you or a loved one has been charged with a crime in Kentucky, knowing the difference between Class A and Class B misdemeanors is important. While neither carries long-term consequences of a felony, both can incur real jail time, fines, and a lasting criminal record. 

An experienced defense attorney can help you understand the implications of misdemeanor charges as well as any opportunities to negotiate with the prosecutor to reduce them, potentially avoiding a criminal record.

How Kentucky Defines a Misdemeanor

In Kentucky, a misdemeanor is any offense with a maximum jail sentence of no more than 12 months. That places misdemeanors above minor traffic and ordinance violations, which are punishable only by fines, but below felonies, which can bring years or decades in state prison. Misdemeanors are either Class A or Class B and outlined in specific statutes:

• Class A Misdemeanors: Most Serious Offenses

Class A misdemeanors carry the toughest penalties available for non-felony offenses. A judge may impose up to 12 months in jail for a conviction, accompanied by a fine of up to $500. Each offense’s classification is set individually by its own statute, so the same conduct can carry different penalties depending on the specific law that applies.

Common Class A offenses include: first degree criminal trespass and second-degree wanton endangerment. Other offenses in this category include unlawful taking of property valued at under $500, and fourth-degree assault. 

• Class B Misdemeanors: The Lesser Tier

Class B misdemeanors are the lowest classification of criminal charges. These carry up to 90 days in jail and a maximum fine of $250. 

Common Class B misdemeanors include second-degree disorderly conduct, harassment, menacing, second-degree criminal trespass, third-degree criminal mischief, public intoxication, and resisting arrest. 

Beyond Jail: What a Conviction Can Cost You

Consequences for misdemeanors are not limited to jail time and fines. A misdemeanor conviction becomes part of a defendant’s permanent criminal record in Kentucky. This information shows up on background checks used by potential employers, landlords, and licensing boards. For workers in regulated fields like healthcare, education, commercial driving, or law enforcement, even a Class B conviction can jeopardize a professional license. Repeated misdemeanor convictions for offenses like assaulting a family member can be enhanced to a Class D felony in Kentucky. 

Under Kentucky statutes 532.090 and 534.040, limits on jail time and fines are enshrined in law, giving judges a defined range rather than unlimited discretion. Notably, third-degree criminal trespass, ordinarily only a minor violation, is elevated to a Class B misdemeanor if committed within a declared disaster emergency area, or on a second offense within three years. Kentucky law also allows many misdemeanor convictions to be expunged from a defendant’s record after a waiting period, which can restore employment and housing opportunities. 

Under KRS 431.078, most misdemeanor convictions are eligible for expungement five years after all aspects of the sentence have been serviced (jail time, probation or parole, and paying fines and court costs). During that five year period there can be no new convictions or pending charges. 

National Context for Kentucky’s Misdemeanors

Misdemeanors carry real weight nationally, not just in Kentucky. The Bureau of Justice Statistics’ annual jail population reports show that one in five people held in local jails across the country were held on misdemeanor charges, a clear indication that law enforcement treats misdemeanor violations seriously. 

Seeking a Positive Outcome

A defendant’s prior record and county court practices are two of the factors that influence the outcome of a misdemeanor complaint. That means anyone facing a Class A or Class B charge is advised to seek legal counsel with experience and insight into the processes of the local prosecutor. A competent criminal defense attorney from Howell Law PLLC can explain the defendant’s options in detail, seek negotiations with the prosecutor, and advocate for the accused. Call for a consultation today.