Kentucky Felony Classes and Misdemeanor Penalties (2026)

Kentucky's Penal Code defines a felony as an offense for which "a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be imposed," and a misdemeanor as an offense, other than a traffic infraction, punishable by no more than 12 months (KRS 500.080(5), (13)). Felonies fall into five categories, capital offenses and Class A to Class D felonies (KRS 532.010), and misdemeanors into Class A (up to 12 months) and Class B (up to 90 days) (KRS 532.090), with fine-only violations below them that the Penal Code does not count as crimes.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how the Kentucky Revised Statutes classify offenses and the class-based sentencing, fine, repeat-offender, probation and revocation sections (KRS 500.080, 431.060, 532.010 to 532.110, 533.010, 533.020, 533.060, 534.030, 534.040, 439.3106, 439.3108 and 439.3401). It does not cover how individual offenses are graded (see the Kentucky theft laws page), time limits for prosecution, record clearing, parole procedure, traffic-infraction penalties, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Kentucky

The Penal Code's definitions section draws the line by the sentence that can be imposed:

"(2) "Crime" means a misdemeanor or a felony; ... (5) "Felony" means an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be imposed; ... (13) "Misdemeanor" means an offense, other than a traffic infraction, for which a sentence to a term of imprisonment of not more than twelve (12) months can be imposed; ... (21) "Violation" means an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed;"

Those definitions apply "As used in the Kentucky Penal Code, unless the context otherwise requires" (KRS 500.080). So Kentucky has three tiers: felonies, misdemeanors and violations, and only the first two are crimes.

An older general statute outside the Penal Code uses place of confinement instead: offenses punishable by death or confinement in the penitentiary are felonies, offenses punishable by confinement other than in the penitentiary are misdemeanors, and offenses punishable by a fine only or any other penalty are violations (KRS 431.060).

Kentucky felony and misdemeanor classes

KRS 532.010 sorts felonies "for the purpose of sentencing, into five categories": capital offenses and Class A, B, C and D felonies. KRS 532.090 sets two misdemeanor classes. The table gives the statutory range for each class.

These are the ranges for the class itself. KRS 532.060(2) opens with "Unless otherwise provided by law," so an offense statute can set a different term, and KRS 532.080 and 532.029 set higher ranges for some repeat convictions, described below.

The felony ranges are not minimum and maximum sentences in the usual sense. KRS 532.060(2) lists "the authorized maximum terms of imprisonment for felonies," and a Class C felony, for example, is "not less than five (5) years nor more than ten (10) years." The maximum of the indeterminate sentence is fixed somewhere in that band.

Fines

The felony fine is mandatory unless an exception applies. KRS 534.030(1) provides that "Except as otherwise provided for an offense defined outside this code, a person who has been convicted of any felony shall, in addition to any other punishment imposed upon him, be sentenced to pay a fine in an amount not less than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000) or double his gain from commission of the offense, whichever is the greater." Under KRS 534.030(4), these fines "shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31."

For misdemeanors and violations, KRS 534.040(2) sets ceilings, again "Except as otherwise provided for an offense defined outside this code" and "in addition to any other punishment": $500 for a Class A misdemeanor, $250 for a Class B misdemeanor and $250 for a violation. A jail term and a fine can be imposed together. As with felony fines, these fines are not imposed on a person the court finds indigent under KRS Chapter 31 (KRS 534.040(4)).

How a Kentucky felony sentence is set

Kentucky uses indeterminate felony sentences with no sentencing grid. KRS 532.060(1) states: "A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by subsection (2) of this section, and subject to modification by the trial judge pursuant to KRS 532.070." Under KRS 532.060(5), "The actual time of release within the maximum ... shall be determined under procedures established elsewhere by law."

In a jury trial, the jury determines the punishment "within the range provided elsewhere by law" at a separate sentencing hearing and recommends whether sentences run concurrently or consecutively (KRS 532.055(2)); the judge may then modify the sentence under KRS 532.070.

The classification and sentencing sections, KRS 532.010 to 532.090, set only these class limits; they contain no guideline grid or presumptive-range table. The class range is the outer limit within which the maximum is fixed.

KRS 532.070(2) gives the court one softening option for the lowest felony class. When a jury fixes a prison sentence for a Class D felony and the court, considering the crime and the defendant's history and character, believes "a sentence of imprisonment is necessary but that it would be unduly harsh to impose such a sentence," it "may sentence the defendant to a definite term of imprisonment in a county or a regional correctional institution for a term of one (1) year or less."

Two other rules limit the time actually served or the total sentence:

• Violent offenders. A violent offender, as defined in KRS 439.3401, "with a sentence of a term of years shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least eighty-five percent (85%) of the sentence imposed." A violent offender serving a life sentence for a capital offense or Class A felony (other than life without parole or 25 years without parole) cannot be released on probation or parole until serving at least 20 years (KRS 439.3401(3)-(4)).
• Consecutive sentences. The total of consecutive definite terms may not exceed one year, and consecutive indeterminate terms may not exceed the longest extended term KRS 532.080 authorizes for the highest class involved, "except as described in KRS 533.060(2) or (3)." In no event may consecutive indeterminate terms total more than 70 years, and sentences for two or more felony sex crimes involving two or more victims must run consecutively (KRS 532.110(1)).

Persistent felony offenders and other repeat-offender rules

Kentucky's main repeat-offender statute is the persistent felony offender (PFO) law, KRS 532.080, with a separate 2024 statute for repeat violent felonies.

PFO second degree. A person "more than twenty-one (21) years of age" who "stands convicted of a felony after having been convicted of one (1) previous felony" is a second-degree PFO (KRS 532.080(2)); the statute also sets conditions on which earlier felonies count. The sentence is set "for the next highest degree than the offense for which convicted" (KRS 532.080(5)). A second-degree PFO "shall not be eligible for probation, shock probation, or conditional discharge, unless all offenses for which the person stands convicted are Class D felony offenses which do not involve a violent act against a person," and a violent offender who is a second-degree PFO "shall not be eligible for parole except as provided in KRS 439.3401."

PFO first degree. A person over 21 convicted of a felony after two or more previous felonies, or after one or more felony sex crimes against a minor as defined in KRS 17.500, is a first-degree PFO (KRS 532.080(3)). Under KRS 532.080(6):

• If the current offense is a Class A or B felony, or the person has a prior sex crime against a minor and now stands convicted of a subsequent sex crime, the maximum "shall not be less than twenty (20) years nor more than fifty (50) years, or life imprisonment, or life imprisonment without parole for twenty-five (25) years for a sex crime committed against a minor."
• If the current offense is a Class C or D felony, the maximum is 10 to 20 years.

A first-degree PFO is not eligible for probation, shock probation or conditional discharge unless every current offense is a Class D felony that does not involve a violent act against a person or a sex crime. If the current offense is a Class A, B or C felony, the person is not eligible for parole until serving at least 10 years, "unless another sentencing scheme applies" (KRS 532.080(7)). A violent offender who is a first-degree PFO is eligible for parole only as provided in KRS 439.3401 (KRS 532.080(7)).

Where PFO does not apply. Under KRS 532.080(10)(a), the PFO statute does not apply when the offense's penalty was already raised from a misdemeanor to a felony, or to a higher felony class, because it was a second or subsequent violation. That limit does not prevent PFO sentencing for felonies arising under KRS 189A.010 (driving under the influence), 189A.090, 506.140, 508.032, 508.130 or 510.015, or for a felony whose penalty was not enhanced because the Commonwealth chose to prosecute the person as a first-time violator (KRS 532.080(10)(b)). Separately, a conviction or plea under KRS 218A.1415 does not trigger PFO sentencing, although it can count as a prior felony if the person is later convicted of a different felony (KRS 532.080(8)).

Persistent violent felony offender. KRS 532.029, created by 2024 Ky. Acts ch. 174 effective July 15, 2024, applies to "a person convicted of a violent felony who has previously been convicted of two (2) separate violent felonies." A violent felony is one that would classify the person as a violent offender under KRS 439.3401. The sentence is "A term of imprisonment for life without benefit of probation or parole, if the felony is not a capital offense," or death or life without probation or parole if it is. Convictions served as concurrent or uninterrupted consecutive terms count as one, "unless one (1) of the convictions was for an offense committed while that person was imprisoned" (KRS 532.029(2)-(3)).

Firearms. KRS 532.046, created by the same 2024 act, provides that a person "shall not be eligible for probation, parole, conditional discharge, conditional release, or any other form of release prior to the completion of his or her sentence" if the person used a firearm in furtherance of the crime and was previously convicted of a felony, knew or should have known the firearm was stolen, or was on probation, parole or another form of release after a violent felony conviction.

Offenses defined outside the Penal Code

Many Kentucky offenses are written into other chapters of the KRS with their own penalties. KRS 532.020 slots them into the classes by the sentence the outside law provides:

• A prison term of at least 1 but not more than 5 years is "deemed a Class D felony"; 5 to 10 years, a Class C felony; 10 to 20 years, a Class B felony; and 20 to 50 years or life, a Class A felony (KRS 532.020(1)).
• A definite term "with a maximum which falls between ninety (90) days and twelve (12) months" is a Class A misdemeanor, and a maximum of less than 90 days is a Class B misdemeanor (KRS 532.020(2)-(3)).
• A fine only, or any other punishment other than death or imprisonment, is a violation (KRS 532.020(4)).

Because the fine sections apply "Except as otherwise provided for an offense defined outside this code," an outside statute's own fine can displace the general felony and misdemeanor amounts (KRS 534.030(1), 534.040(2)).

Can a felony be reduced to a misdemeanor in Kentucky?

Kentucky has no general "wobbler" statute of the kind some states use. The felony classification and sentencing sections, KRS 532.010 to 532.090, contain no provision that converts a felony conviction into a misdemeanor at sentencing. The closest mechanism is the Class D jail alternative in KRS 532.070(2), described above, which changes the place and length of the sentence; the statute does not say the offense becomes a misdemeanor.

Separately, some offense statutes make a first offense a misdemeanor and a repeat offense a felony. That grading lives in the individual offense statutes, such as the theft provisions covered on the Kentucky theft laws page.

Violations and traffic infractions

A violation is the lowest tier: an offense, other than a traffic infraction, "for which a sentence to a fine only can be imposed" (KRS 500.080(21)). Because the Penal Code defines a crime as "a misdemeanor or a felony" (KRS 500.080(2)), a violation is not a crime. The maximum fine for a violation is $250 (KRS 534.040(2)(c)).

Both the misdemeanor and violation definitions carve out traffic infractions. This page does not cover traffic-infraction penalties.

Probation and conditional discharge in Kentucky

KRS 533.010 directs the court to grant probation to eligible defendants unless prison is needed to protect the public. Under KRS 533.010(2), "Before imposition of a sentence of imprisonment, the court shall consider probation, probation with an alternative sentencing plan, or conditional discharge." Unless the defendant is a violent felon under KRS 439.3401 or a statute prohibits it, and after considering "the defendant's risk and needs assessment, nature and circumstances of the crime, and the history, character, and condition of the defendant, including whether the defendant is a caretaker," probation or conditional discharge "shall be granted, unless the court is of the opinion that imprisonment is necessary for protection of the public" because of a substantial risk of another crime, a need for correctional treatment best provided in an institution, or because probation "will unduly depreciate the seriousness of the defendant's crime."

Who cannot get probation

Several statutes bar probation. Among them:

• Violent offenders. "Probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who has been designated as a violent offender as defined in KRS 439.3401, unless such probation is granted in accordance with KRS 439.3401" (KRS 532.047).
• Weapons. A person convicted of a Class A, B or C felony whose commission "involved the use of a weapon from which a shot or projectile may be discharged that is readily capable of producing death or other serious physical injury" is not eligible for probation, shock probation or conditional discharge, except where the person establishes that the person against whom the weapon was used had engaged in domestic violence and abuse, as defined in KRS 403.720, against the person convicted or a family member (KRS 533.060(1)).
• New felony while on supervision. A person convicted of a felony committed while on parole, probation, shock probation or conditional discharge for an earlier felony is not eligible for probation, shock probation or conditional discharge, and "the period of confinement for that felony shall not run concurrently with any other sentence" (KRS 533.060(2)).
• Repeat offenders. Most persistent felony offenders (KRS 532.080(5), (7)), persistent violent felony offenders (KRS 532.029) and the firearm cases in KRS 532.046, described above.
• Capital offenses. KRS 532.040 authorizes probation or conditional discharge only for an offense "other than a capital offense" and for a defendant not designated a violent offender.
• Sex offenses against minors. Probation may not be granted for listed sex offenses (among them KRS 510.050, 510.080, 530.020, 531.310 and 531.320, and attempts) where one or more listed criteria apply, such as force or threat against a minor, bodily injury to the minor, use of a dangerous instrument or deadly weapon, more than one minor, substantial sexual conduct with a minor under 14, or a position of special trust (KRS 532.045(2)). Where probation is not barred, it cannot be granted until the court receives a comprehensive sex offender presentence evaluation (KRS 532.045(3)).
• Body armor. A person found guilty of a felony under KRS Chapters 218A, 507, 508, 509, 511 or 513, or other listed sections, while wearing body armor and armed with a deadly weapon "shall not be granted probation, shock probation, parole, conditional discharge, or any other form of early release" (KRS 533.065).

How long probation lasts

KRS 533.020(4)(b)1. caps the period: "Any period of supervision imposed under paragraph (a) of this subsection, with extensions thereof, shall not exceed five (5) years, or the time necessary to complete restitution, whichever is longer, upon conviction of a felony, nor two (2) years, or the time necessary to complete restitution, whichever is longer, upon conviction of a misdemeanor."

Probation violations

Under KRS 533.020(1), "the court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the sentence at any time prior to the expiration or termination of the period of probation." Two timing rules apply:

• If a violation is alleged to have occurred within the last 60 days of supervision, the court has 60 days after the period ends to decide whether a violation occurred and what to do (KRS 533.020(4)(b)2.).
• If the court issues a warrant on an alleged violation, the time between the warrant and the defendant's first appearance after it is served is tolled (KRS 533.020(4)(c)1.).

Kentucky's supervision statutes also steer most violations away from revocation. KRS 439.3106(1) makes supervised individuals subject to revocation proceedings and possible incarceration when a failure to comply "constitutes a significant risk to prior victims of the supervised individual or the community at large, and cannot be appropriately managed in the community," and otherwise to sanctions other than revocation. For a supervised individual before the board, at a final revocation hearing "the board may subject a supervised individual to a supervision continuation sanction for a period of up to nine (9) months, or until the completion of the individual's sentence, whichever is shorter" (KRS 439.3106(2)(a)).

For a probationer who violates supervision conditions, KRS 439.3108(1)(b) allows the department or board, as a graduated sanction, to place the person in a state or local correctional or detention facility or residential center "for a period of not more than ten (10) days consecutively, and not more than sixty (60) days in any one (1) calendar year." Separately, and notwithstanding those limits, the department or board may confine a probationer who violates the conditions for the period the person awaits admission to a residential alcohol or substance use treatment program (KRS 439.3108(1)(d)). Confinement longer than subsection (1) authorizes cannot be imposed as a graduated sanction "except pursuant to an order of the court or the board" (KRS 439.3108(6)). If a probationer objects to the sanction, KRS 533.050 applies (KRS 439.3108(4)(b)).

Recent changes

• 2024 Ky. Acts ch. 174 (effective July 15, 2024) created the persistent violent felony offender statute (KRS 532.029) and the firearm release bar (KRS 532.046), and amended KRS 500.080, 439.3401 and 532.110.
• 2024 Ky. Acts ch. 106 (HB 278), sec. 10 amended KRS 532.060(3), the list of felonies that carry an additional five-year period of postincarceration supervision. The class ranges in KRS 532.060(2) were reprinted unchanged.
• 2026 Regular Session acts (effective July 15, 2026): ch. 67 (HB 521), sec. 15 amended KRS 532.080; ch. 68 (HB 778), sec. 27 amended KRS 439.3401; ch. 92 (SB 122), sec. 1 amended KRS 533.010, whose current text includes the risk and needs assessment and caretaker factors quoted above; and ch. 136 (HB 762), sec. 10 amended KRS 533.020, where subsection (4)(b)1. now begins "Any period of supervision" in place of "Such." The ranges, caps and bars on this page are quoted from the current text.

Related legal issues

How a specific crime lands in these classes depends on its own statute; the Kentucky theft laws page shows how theft is graded by value. Whether and when a conviction can be cleared is covered on the Kentucky expungement laws page, and time limits for filing charges are on the Kentucky statute of limitations page. Because Class A felonies and capital offenses can carry life, the Kentucky life sentence page explains what a life term means in practice.

Under federal law, a person convicted of "a crime punishable by imprisonment for a term exceeding one year" may not possess a firearm or ammunition (18 U.S.C. 922(g)(1)); the definition excludes a state offense classified as a misdemeanor and punishable by two years or less (18 U.S.C. 921(a)(20)), and the Kentucky Penal Code defines a misdemeanor as an offense punishable by no more than 12 months (KRS 500.080(13)). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related

• Felony and misdemeanor classes by state
• Kentucky theft laws
• Kentucky expungement laws
• Kentucky statute of limitations
• Kentucky life sentence
• Ohio felony and misdemeanor classes
• Indiana felony and misdemeanor classes

This article provides general legal information about Kentucky offense classes and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Kentucky.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Kentucky?

A felony is an offense for which a sentence of at least one year in Department of Corrections custody may be imposed; a misdemeanor is an offense, other than a traffic infraction, punishable by no more than 12 months (KRS 500.080(5), (13)). For the class itself, felony maximums run from 1 to 5 years (Class D) up to 20 to 50 years or life (Class A), before repeat-offender rules (KRS 532.060(2)); capital offenses can carry death (KRS 532.030(1)).

What are the felony classes in Kentucky?

Five categories: capital offenses and Class A, B, C and D felonies (KRS 532.010). For the class itself and unless otherwise provided by law, the authorized maximum terms are 20 to 50 years or life (A), 10 to 20 years (B), 5 to 10 years (C) and 1 to 5 years (D) (KRS 532.060(2)); the persistent felony offender statute, KRS 532.080, can raise them.

What is a Class D felony in Kentucky?

The lowest felony class, with an authorized maximum term of 1 to 5 years (KRS 532.060(2)(d)) and the felony fine of $1,000 to $10,000 or double the gain (KRS 534.030(1)). Where a jury fixes a prison sentence, the court may instead impose a definite term of one year or less in a county or regional jail if it finds prison necessary but unduly harsh (KRS 532.070(2)).

What is a Class A misdemeanor in Kentucky?

The more serious misdemeanor class: a definite jail term of up to 12 months (KRS 532.090(1)) and a fine of up to $500 (KRS 534.040(2)(a)), except as otherwise provided for an offense defined outside the Penal Code. A Class B misdemeanor carries up to 90 days and up to $250.

Is a violation a crime in Kentucky?

No. The Penal Code defines a crime as a misdemeanor or a felony, and a violation as an offense, other than a traffic infraction, for which only a fine can be imposed (KRS 500.080(2), (21)). The fine for a violation is up to $250 (KRS 534.040(2)(c)).

Can a felony be reduced to a misdemeanor in Kentucky?

The felony classification and sentencing sections, KRS 532.010 to 532.090, contain no provision that converts a felony conviction into a misdemeanor at sentencing. The closest mechanism, KRS 532.070(2), lets the court replace a jury-fixed Class D prison term with a definite jail term of one year or less; it addresses the sentence, not the classification.

How long is probation in Kentucky?

With extensions, up to 5 years for a felony and up to 2 years for a misdemeanor, or the time necessary to complete restitution if that is longer (KRS 533.020(4)(b)1.). Some defendants are not eligible for probation at all, for example most persistent felony offenders and designated violent offenders (KRS 532.080, 532.047).

What happens if you violate probation in Kentucky?

The court may modify or enlarge the conditions or revoke the sentence before the period ends if the person commits another offense or violates a condition (KRS 533.020(1)). By statute, revocation is reserved for violations that pose a significant risk to prior victims or the community and cannot be managed in the community; other violations call for sanctions short of revocation (KRS 439.3106(1)).

What is a persistent felony offender in Kentucky?

A person over 21 convicted of a felony after one prior felony (second degree) or after two or more prior felonies or a prior felony sex crime against a minor (first degree) (KRS 532.080(2)-(3)). A second-degree offender is sentenced within the range for the next highest class; a first-degree offender faces 20 to 50 years or life for a Class A or B felony and 10 to 20 years for a Class C or D felony, and both are barred from probation unless every current offense is a Class D felony not involving a violent act (and, for first degree, not a sex crime) (KRS 532.080(5)-(7)).