What Is The Law On Compounding A Felony In Kentucky And What Are The Punishments For It?
A felony, under Kentucky law, can attract a sentence of 1 year or a longer period in the state prison, for the felon. Kentucky law treats felonies as capital offenses, or as one among its 4 classes of felonies- Class A, B, C and D.
Compounding a Felony
Chapter 519 of the Kentucky Revised Statutes (KRS) defines Compounding a Crime under .030 subsection. According to this subsection, an individual is said to be guilty of Compounding a Crime if the individual has committed the following actions:
- Soliciting, accepting, or agreeing to accept any kind of benefit on the understanding or agreement that the individual will refrain from prosecuting a crime; or
- Offering, conferring or agreeing to confer any kind of benefit upon another individual on the understanding or agreement that the other individual will refrain from prosecuting a crime.
Compounding a crime falls under the category of Class A misdemeanor under Kentucky law.
Punishment for Compounding a Felony
An individual guilty of committing a misdemeanor can be sentenced with a prison term of up to 12 months in a local or county jail.
As a Class A misdemeanor, the crime of Compounding a Felony in Kentucky attracts a jail term that can range from 90 days to 12 months, and a fine of a maximum amount of $500.
Statute of Limitations
As a misdemeanor, the crime of Compounding a Felony is governed by a statute of limitations of 1 year. This means charges of the crime must be brought to court within 1 year from the date of occurrence of the alleged crime.
Defense for Compounding a Felony
Chapter 519 subsection .030 of the KRS explains what amounts to defense for an individual charged with Compounding a Crime. According to the statute, defense in case of a prosecution for the above-stated crime is that the benefit agreed upon was not more than an amount that the defendant believed to be due as compensation for the loss caused to the individual by the crime.
A sentence of Class A Misdemeanor can stay on record indefinitely, affecting the life of the individual found guilty of Compounding a Felony. The charges can show up during housing or job application reviews and background checks.
It is possible to remove the charges of a misdemeanor for the crime of Compounding a Felony from one’s record through engagement.
Expungement for Compounding a Felony is Conditional
Expungement is the process of appealing to a court of law to have the charges of Compounding a Felony cleared from the crime doer’s record. Expungement can be granted, but only under the following conditions:
- A minimum of 5 years must have passed since the crime. This period should have been clear of any new convictions on the charges of misdemeanors, felonies or any other legal violations.
- The original felony, which the individual was charged with compounding, was not a sexual crime or a crime committed against a child
- There were no convictions of misdemeanor or felony on the individual for a span of 5 years before the individual was charged with, and convicted, for Compounding a Felony.
- There are no pending charges against the individual in the present.
Once granted, the petitioner will not have to mention the fact of misdemeanors in his or her record for any type of application, including housing, credit, and employment.
Being a Class A misdemeanor, the crime of Compounding a Felony is a serious charge under Kentucky law. It is vital that an individual convicted of Class A misdemeanor for Compounding a Felony hire an experienced attorney who can help the individual get a fair hearing in the court of law.
An attorney can also help the individual go through the process of misdemeanor expungement for Compounding a Felony, which usually involves:
- A review of the individual’s conviction.
- Identification of the appropriate statute for expungement.
- Placement of a request to the Kentucky State Police for a Certificate of Eligibility.
- Appeal to the judge to expunge the Class A misdemeanor charge against the individual from all records.
- Negotiate with the prosecutor for a smoother expungement process.
- Argue on behalf of the client in case of a court hearing to increase the chances of obtaining an expungement.