Charges and sentences
Felony and misdemeanor classes in Kentucky
Kentucky grades felonies as capital offenses and Class A, B, C and D felonies (Class A is most serious). Misdemeanors are Class A or Class B, and violations are punished by a fine only.1
Checked October 29, 2026 against Kentucky's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Kentucky, a felony is an offense that can be punished by a prison term of at least one year in the custody of the Department of Corrections. A misdemeanor is an offense (other than a traffic infraction) with a maximum of 12 months or less.1
- Felony theft starts at
- $1,000How theft is graded
- When a DUI is a felony
- A fourth or later DUI offense within a 10-year period is a Class D felony (1 to 5 years). First, second and third offenses within 10 years are misdemeanors (a third carries 30 days to 12 months in jail).2
Felony classes in Kentucky
From most to least serious: Capital offense, Class A, Class B, Class C, Class D. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Capital offense | Death; life without parole; life with no parole for 25 years; life; or 20 to 50 yearsThe jury or judge chooses among these punishments. Fine rule: KRS 534.030(1). | $1,000 to $10,000, or double the person's gain from the offense if that is greater | KRS 532.030(1)6 |
| Class A felony | 20 to 50 years, or lifeFine rule: KRS 534.030(1) says 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". It does not apply to a person found indigent. | $1,000 to $10,000, or double the person's gain from the offense if that is greater | KRS 532.060(2)4 |
| Class B felony | 10 to 20 yearsFine rule: KRS 534.030(1) says 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". It does not apply to a person found indigent. | $1,000 to $10,000, or double the person's gain from the offense if that is greater | KRS 532.060(2)4 |
| Class C felony | 5 to 10 yearsFine rule: KRS 534.030(1) says 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". It does not apply to a person found indigent. | $1,000 to $10,000, or double the person's gain from the offense if that is greater | KRS 532.060(2)4 |
| Class D felony | 1 to 5 yearsFine rule: KRS 534.030(1) says 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". It does not apply to a person found indigent. | $1,000 to $10,000, or double the person's gain from the offense if that is greater | KRS 532.060(2)4 |
Misdemeanor classes in Kentucky
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class A misdemeanor | Up to 12 monthsFine rule: KRS 534.040(2)(a). A fine may be added to jail time or used instead of it. | Up to $500 | KRS 532.090(1)7 |
| Class B misdemeanor | Up to 90 daysFine rule: KRS 534.040(2)(b). | Up to $250 | KRS 532.090(2)7 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Violation | Fine only, up to $250A violation is not a felony or a misdemeanor. Traffic infractions are separate. | KRS 500.080(21); KRS 534.040(2)(c)1 |
Good to know
Laws outside the penal code get a class from their penalty: 1 to 5 years is a Class D felony, 5 to 10 is Class C, 10 to 20 is Class B, and 20 to 50 years or life is Class A. A maximum of 90 days to 12 months is a Class A misdemeanor, under 90 days is Class B, and a fine only is a violation.3
A felony prison sentence is indeterminate: the statute sets the limits within which the court fixes the maximum term. Many crimes have a different range set in their own statute.4
When theft is a felony in Kentucky
Theft by unlawful taking of property worth $1,000 or more is a felony in Kentucky: Class D from $1,000 to under $10,000, Class C from $10,000 to under $1,000,000, and Class B at $1,000,000 or more. Under $1,000 it is a misdemeanor (Class A from $500 to under $1,000; otherwise Class B), but theft of a firearm is a Class D felony at any value, and so is theft by a person with three or more Class A theft convictions within the last five years.5
DUI in Kentucky
Kentucky's statute prohibits operating a motor vehicle with an alcohol concentration of 0.08 or more, or while under the influence of alcohol or another substance. It is commonly called DUI.
- Repeat offenses
- A fourth or later DUI offense within a 10-year period is a Class D felony (1 to 5 years). First, second and third offenses within 10 years are misdemeanors (a third carries 30 days to 12 months in jail).
- Which past offenses count
- 10 years, measured from the dates the offenses occurred for which judgments of conviction were entered. Prior convictions from any state count.
- Other felony versions
- Driving on a license suspended for DUI is a Class D felony on a third or later offense within 10 years, or on a second offense if the person was also under the influence. Aggravating circumstances, such as a crash causing death or serious physical injury, a blood alcohol level of 0.15 or more, or a passenger under 12, raise the mandatory minimum jail time but do not by themselves make a first, second or third DUI a felony.
KRS 189A.010(5), (10), (11); KRS 189A.090(2)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Kentucky?
In Kentucky, a felony is an offense that can be punished by a prison term of at least one year in the custody of the Department of Corrections. A misdemeanor is an offense (other than a traffic infraction) with a maximum of 12 months or less.
What is a capital offense in Kentucky?
In Kentucky, the prison range for a capital offense is death; life without parole; life with no parole for 25 years; life; or 20 to 50 years, and the fine is $1,000 to $10,000, or double the person's gain from the offense if that is greater. The jury or judge chooses among these punishments. Fine rule: KRS 534.030(1).
What is a Class A felony in Kentucky?
In Kentucky, the prison range for a Class A felony is 20 to 50 years, or life, and the fine is $1,000 to $10,000, or double the person's gain from the offense if that is greater. Fine rule: KRS 534.030(1) says 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". It does not apply to a person found indigent.
What is a Class B felony in Kentucky?
In Kentucky, the prison range for a Class B felony is 10 to 20 years, and the fine is $1,000 to $10,000, or double the person's gain from the offense if that is greater. Fine rule: KRS 534.030(1) says 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". It does not apply to a person found indigent.
What is a Class C felony in Kentucky?
In Kentucky, the prison range for a Class C felony is 5 to 10 years, and the fine is $1,000 to $10,000, or double the person's gain from the offense if that is greater. Fine rule: KRS 534.030(1) says 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". It does not apply to a person found indigent.
What is a Class D felony in Kentucky?
In Kentucky, the prison range for a Class D felony is 1 to 5 years, and the fine is $1,000 to $10,000, or double the person's gain from the offense if that is greater. Fine rule: KRS 534.030(1) says 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". It does not apply to a person found indigent.
What is a Class A misdemeanor in Kentucky?
In Kentucky, the jail range for a Class A misdemeanor is up to 12 months, and the fine is up to $500. Fine rule: KRS 534.040(2)(a). A fine may be added to jail time or used instead of it.
What is a Class B misdemeanor in Kentucky?
In Kentucky, the jail range for a Class B misdemeanor is up to 90 days, and the fine is up to $250. Fine rule: KRS 534.040(2)(b).
How much theft is a felony in Kentucky?
Theft by unlawful taking of property worth $1,000 or more is a felony in Kentucky: Class D from $1,000 to under $10,000, Class C from $10,000 to under $1,000,000, and Class B at $1,000,000 or more. Under $1,000 it is a misdemeanor (Class A from $500 to under $1,000; otherwise Class B), but theft of a firearm is a Class D felony at any value, and so is theft by a person with three or more Class A theft convictions within the last five years.
Is a DUI a felony in Kentucky?
A fourth or later DUI offense within a 10-year period is a Class D felony (1 to 5 years). First, second and third offenses within 10 years are misdemeanors (a third carries 30 days to 12 months in jail). Driving on a license suspended for DUI is a Class D felony on a third or later offense within 10 years, or on a second offense if the person was also under the influence. Aggravating circumstances, such as a crash causing death or serious physical injury, a blood alcohol level of 0.15 or more, or a passenger under 12, raise the mandatory minimum jail time but do not by themselves make a first, second or third DUI a felony.
These are the general ranges in Kentucky's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Kentucky" https://secondchanceindex.com/felony-classes/kentucky, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- KRS 500.080(5), (13)
- KRS 189A.010(5), (10), (11); KRS 189A.090(2)
- KRS 532.020
- KRS 532.060(1), (2)
- KRS 514.030(2)
- KRS 532.010 Classification of offensesKentucky Legislature (Legislative Research Commission)
- KRS 532.030 Authorized dispositionsKentucky Legislature (Legislative Research Commission)
- KRS 532.090 Sentence of imprisonment for misdemeanorKentucky Legislature (Legislative Research Commission)
- KRS 534.030 Fines for feloniesKentucky Legislature (Legislative Research Commission)
- KRS 534.040 Fines for misdemeanors and violationsKentucky Legislature (Legislative Research Commission)
- KRS 189A.090 Operating motor vehicle while license is suspended for driving under the influenceKentucky Legislature (Legislative Research Commission)