Homicide Defense Lawyer in Lexington

Kentucky Criminal Homicide Classifications Under KRS Chapter 507

Kentucky Revised Statutes Chapter 507 defines criminal homicide and establishes four distinct charges. The level of the charge and the severity of the potential sentence hinge primarily on the accused’s intent at the time of the act.

Murder (Capital Offense)
Under KRS 507.020, a person commits murder when they act with intent to cause another person’s death and cause that death. Murder is classified as a capital offense. Under KRS 532.030, sentencing options include death, life imprisonment without parole, life without parole until 25 years are served, life, or a term of 20 to 50 years. When capital punishment is possible, the jury must weigh statutory aggravating and mitigating circumstances before a sentence is fixed.

Manslaughter in the First Degree (Class B Felony)
KRS 507.030 applies when a person intends to cause serious physical injury and causes death, or when a killing occurs under extreme emotional disturbance for which there was a reasonable explanation or excuse. Extreme emotional disturbance is also the basis on which a murder charge can be reduced to first-degree manslaughter. A Class B felony generally carries a sentence of 10 to 20 years.

Manslaughter in the Second Degree (Class C Felony)
Under KRS 507.040, second-degree manslaughter applies when a person wantonly causes the death of another. “Wantonly” in Kentucky law means the person was aware of and consciously disregarded a substantial and unjustifiable risk. A Class C felony is generally punishable by 5 to 10 years.

Reckless Homicide (Class D Felony)
KRS 507.050 covers situations where a person recklessly causes another’s death, meaning they weren’t aware of a risk a reasonable person would have perceived. This is a Class D felony, generally carrying 1 to 5 years in prison and a fine of $1,000 to $10,000.

The Felony Process in Fayette Circuit Court

Homicide cases in Lexington follow Kentucky’s standard felony process, but the stakes make each step critical. The case begins with an initial appearance and preliminary hearing in District Court. If probable cause is found, the case is bound over to a grand jury. A grand jury indictment on a felony charge moves the case into Circuit Court.

For cases originating in Lexington and Fayette County, that means Fayette Circuit Court, located at the Robert F. Stephens Circuit Courthouse. Cases arising in Boone County are handled through the Boone County Justice Center in Burlington.

Once in Circuit Court, the case proceeds through arraignment and pretrial hearings. Those hearings confirm that discovery has been exchanged between the prosecution and defense and create an opportunity for plea negotiations before trial. Our attorneys are active participants at every stage, from the initial hearing through any trial proceedings, working to protect your rights and advance the strongest defense the facts allow.