Criminal Law

COMMITTING THE CRIME DOES NOT IN ITSELF MAKE ONE GUILTY UNDER THE LAW. - Abraham Lincoln.

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CRIMINAL CHARGES AND BURDEN OF PROOF

 
A criminal defense lawyer must understand both the law and the psychology of a jury. After representing hundreds of clients in defense of criminal charges, Creech Lawyers are experienced at eroding the prosecution's ability to prove every element of a crime beyond a reasonable doubt. Creech Law makes known that all people charged with a crime are presumed to be innocent;  and, vows to Assist and Defend its clients with zealous determination.
 

Just being charged with a crime is frightening enough, and without a full understanding of how the law works, rather than continue to go to Court some people get scared enough to plead guilty “just to get it over with”. We have seen this many times before, and this “scared of the unknown needs to stop! At Creech Law Office, we believe the true crime is when a person pleads guilty out of fear, misled thoughts or beliefs; instead of actually having committed a crime and the evidence is just not there to convict.
When a person pleads guilty he or she waive all rights to a trial, or even to have evidence properly cross examined. Always have a licensed and experienced criminal attorney review your case prior to pleading guilty to ANY CRIME.
            Crimes almost always have lesser included offenses. For instance, the state may charge you with burglary, but upon closer inspection of the facts and evidence, the state may agree to reduce the charge to trespassing, a lesser included offense.
 
Lesser Included offenses relate in some nature and manner and could be considered as a crime that may have been charged originally. One broad example; would be reducing the original charge to an “Attempt” of that charge.
 
IT IS NO SECRET THAT Drugs are somehow involved in the majority of crimes today. Drug use and the dependency cause otherwise law abiding citizens to make choices that result in criminal charges. Our office will focus on the person charged and, if drugs are a reason for the person committing an offense (once all evidence and discovery is complete); we attempt to sway favor towards treatment rather than incarceration.

JURY SYSTEM IN KENTUCKY
            A jury of peers are the professor of guilt to innocence. The Jury has the right to judge both the law as well as the fact in controversy. And at times, the law is itself on trial quite as much as the cause to be decided. One Juror can stop the tyranny of unfair system by hanging the jury. A hung jury means that at least one juror maintained his vote of not guilty (or guilty) regardless of the other jurors after deliberating with them. This results in the matter being put on hold for a time period in order to retry the matter or dismiss.
 
If you or a loved one is charged with a crime, know that Jurors will be the finder of fact of guilt or innocence, not the Commonwealth or the Judge (presuming you hire Chris and he requests a jury) and also, if found guilty the Jury will determine punishment. You or your loved one may worry, but Chris Creech helps to reduce your worry, prepare you and instill confidence in you and the system.
 Depending on the circumstances, we will facilitate diversion, work with prosecutors to reduce or dismiss charges, negotiate sentences, or formulate defenses and proceed to trial. Throughout your case, we will help you understand Kentucky’s criminal procedure and the effects of the charge on your life.
Commonly Charged Criminal Offenses
 
Ranging from most serious to least, Creech Law provides Defense Counsel for any crime you are charged with whether it be in Federal Court or State Court.
 
 
FELONY CRIMES
Felonies are criminal offenses with maximum penalties greater than one year in prison. In Kentucky, felonies are broken down into four classes (A, B, C, and D).  Felony charges include murder, malicious wounding, armed robbery, and grand larceny.  But more commonly, felonies are brought against people charged with drug-related offenses and other theft offenses.  All cases that involve at least one felony are decided in Circuit Court in the county of the violation.
Capital Offenses
Murder is a capital offense in Kentucky. Capital offenses are punishable by:
  • death
  • life without parole
  • 25 years to life in prison, or
  • 20 to 50 years’ imprisonment.
(Ky. Rev. Stat. Ann. §§ 507.020, 532.060.)
Class A Felony
A class A felony is punishable by 20 to 50 years in prison, or life imprisonment. (Ky. Rev. Stat. Ann. §§ 532.020, 532.060.) Rape of a child under the age of 12 is a Class A felony.
 
Class B Felony
Class B felonies in Kentucky are punishable by ten to 20 years’ imprisonment. (Ky. Rev. Stat. Ann. §§ 532.020, 532.060.) For example, intentionally shooting someone and causing serious injury (first degree assault) is a Class B felony.
Class C Felony
A conviction for a Class C felony can result in a prison term of five to ten years. (Ky. Rev. Stat. Ann. §§ 532.020, 532.060.) Theft of property worth $10,000 or more is a Class C felony in Kentucky.
 
Class D Felony
Finally, a Class D felony is punishable by one to five years in prison. (Ky. Rev. Stat. Ann. §§ 532.020, 532.060.) For example, trafficking marijuana near a school building is a Class D felony.
Fines
In addition to prison terms, people who are convicted of felonies in Kentucky will be sentenced to pay a fine of $1,000 to $10,000.
(Ky. Rev. Stat. Ann. § 534.030.)
Prior Felony Convictions
PERSISTENT FELONY OFFENDER LAW (PFO) 1ST Degree and 2nd Degree

People who are convicted of felonies in Kentucky and have prior felony convictions are subject to longer prison terms than people who are convicted of the same crimes but do not have a felony criminal record. If you have been convicted of One (1) prior felony, you will be charged with PFO 2nd Degree (5 years in addition to the underlying sentence), for two or more, you will be charged with PFO 1st Degree (10 years in addition to the underlying sentence).
(Ky. Rev. Stat. Ann. § 532.080.)
 
Statute of Limitations
In most states, for all but the most serious crimes, there is a time limit (called the statute of limitations) before which the state must begin criminal prosecution. Kentucky is unusual because it has no statute of limitations for felony crimes.
 
MISDEMEANOR CRIMES IN KENTUCKY
Misdemeanors are crimes with a maximum sentence of no more than one year in jail. Misdemeanors are divided into two classes (A and B).  Class A misdemeanors are the most prevalent and most serious. Class A misdemeanors include possession of marijuana, shoplifting, assault and battery, and misdemeanor bad check writing. Also, several serious traffic offenses (DUI, driving on suspended license, etc.) can be listed as Class A misdemeanors. Misdemeanors are decided in the District Court in the county of the violation.
 
Class A Misdemeanor
A Class A misdemeanor is punishable by 90 days to 12 months in jail and a fine of up to $500.
(Ky. Rev. Stat. Ann. §§ 532.020, 532.090, 534.040.) For example, possession of four or fewer marijuana plants is a Class A misdemeanor in Kentucky.

Class B Misdemeanor
Class B misdemeanors are punishable by up to 90 days in jail and a fine of up to $250.
(Ky. Rev. Stat. Ann. §§ 532.020, 532.090, 534.040.) Prostitution is a Class B misdemeanor in Kentucky.
 
Statute of Limitations
The statute of limitations is a time limit, after which the state can no longer begin criminal prosecution. The statute of limitations begins to “run” when the crime is committed. Misdemeanors in Kentucky are 1 year in duration, after that time, the crime cannot be charged legally, and should be dismissed if so charged.
 
 
 
The Value of Legal Assistance
A felony conviction can have serious and lasting consequences. Even after serving a prison term and paying a fine, a felony conviction can make if difficult to obtain a job, qualify for a professional license, or earn a graduate degree. If you are charged with a crime, the best way to avoid a conviction is to work with an experienced criminal defense attorney. An attorney can tell you how what to expect in court and how to protect your rights.
  Reckless Driving or Careless Driving, KRS 189.290.
 
CRIMINAL DIVERSION

The Commowealth MAY allow you to "divert" [upon admission of your guilt] into an agreement that for a time period you will not commit any further crimes and in addition perform some community service or pay fines and or restitution.