Many Kentucky criminal defendants who believe that they are only committing a minor misdemeanor when they possess marijuana may also be prosecuted for a felony charge if they carry or possess a weapon.
The general difference in felony assault and misdemeanor assault can arise from two different basis:
In DUI cases, there are occasions where a person charged may take both the blood alcohol test and the breathalyzer test. There are times when the results vary that can be used to aid in defending the case.
If you are charged with sec offender registration violation - read this! The ability for prosecution under The Kentucky Sex Offender Registry has been significantly hampered by the recent Order from the U.S. District Court. The United States District Corut has ruled that the Commonwealth is permanently enjoined form enforcing KRS §KRS 17.546 and KRS 17.510(10) and (13).
In June, 2016 the Kentucky legislature changed the DUI look-back period from 5 to 10 years. The look-back period is the time that a Defendant will have the charge remaining on his record and is subject to greater and enhanced penalties for a second or subsequent offense. This was challenged by a large number of defendants, primarily because they had been told after a finding of guilt that it would result in a 2nd DUI if they got another one within the next 5 years. Additionally, the plea agreements were for anyone pleading guilty, specifically advised the defendant that a 2nd offense within 5 years would result in greater penalties.