According to the 2024 Kentucky State Police Annual “Crime in Kentucky” Report, the most common forms of serious criminal offenses in Kentucky are actually larceny and theft offenses, followed by drug-related offenses and then assault charges.
Kentucky’s most commonly charged larceny and theft offenses involve theft by unlawful taking, disposition, or deception. Theft in Kentucky consists of taking or controlling someone else’s property without their consent. Theft offenses are most often classified by the type and value of the property or services stolen. Multiple combinations of committed offenses can result in “combined” penalties and increased exposure to prison time and related fines.
Theft by Unlawful Taking or Disposition
Theft by unlawful taking or disposition is literally taking possession of or control over another person’s “movable property” with the specific intention of keeping it for one’s own possession, gain or benefit, or “immovable property” in order to obtain a financial benefit or other gain to which they are not entitled to. Class B misdemeanor, unless the theft involves any firearm (Class D felony) or anhydrous ammonia (Class D Felony) unless the intended use of the anhydrous ammonia was to make methamphetamine, which is a Class B felony, or Class A felony for repeat offenses.
The theft of controlled substances less than $10,000 is usually charged as a Class D Felony. Stolen property with a value of between $500 to $1,000 will usually result in a Class A misdemeanor. However, if the property’s value is between $1,000 and $10,000, it can and will usually be charged as a Class D felony.
If the theft by unlawful taking or disposition was between $10,000 and $1,000,000, it is usually charged as a Class C felony in Kentucky, and if it is more than a million dollars but less than ten million dollars, one is looking at a Class B felony.
Theft by Deception
Another form of larceny and theft offenses in Kentucky involves some form of deception, such as false “impressions” about an object’s value, the law, or the perpetrator’s intention. Theft by deception also applies to preventing others from obtaining information that would change how they perceive or value the “transaction.” This includes writing a check, knowing there are insufficient funds to cover it, or any other intent not to perform. This also includes making a promise and then failing to fulfill that promise, or the failure to disclose a lien or other “legal impediment” to the value of or enjoyment of the “property” in question.
Theft by deception is usually a Class B misdemeanor unless the value is more than $500 but less than $1,000, in which case it is usually charged as a Class A misdemeanor. If the property is valued between $1,000 and $10,000, the offense is generally considered to be a Class D felony. Theft by deception above $10,000 will usually result in a Class C Felony charge.
The Penalties for Larceny and Theft Offenses in Kentucky
What are the potential penalties for larceny and theft offenses in Kentucky? Each penalty carries a specific range of prison sentences, substantial fines and other expenses, and Court fees. Conviction of a theft offense results in a criminal record that could make it much more difficult to do everything from renting an apartment or house to getting a job. It is possible to lose your right to vote, and your right to own or even carry a firearm for a criminal conviction in Kentucky, and felony convictions may limit your ability to travel outside the United States.
A Class C felony charge carries a risk of 5 to 10 years in prison upon conviction. A Class D felony usually results in a prison term of 1 to 5 years. Felony convictions in Kentucky typically involve a fine of between $1,000 and $10,000 or double the amount of the potential financial gain associated with the offense, whichever is higher.
A Class A misdemeanor can result in a fine of up to $500 for individuals and up to 12 months in jail. A Class B misdemeanor can result in a fine of up to $250 for individuals and up to 90 days in jail.
Multiple convictions and prior offenses may result in a finding of the accused being labeled as a “persistent felony offender,” raising the penalties both in terms of prison time and fines.
My name is John Schmidt, and after 25 years experience as a criminal defense attorney here in Shepherdsville I can tell you two things:
- You do not want to represent yourself in a criminal case, especially if potential felony charges are involved, and
- There is a lot my law firm can do to reduce not only the charges you face, but the consequences associated with those charges.
We investigate and can potentially challenge every action and step taken by the police, evidence collection technicians, lab personnel as well as any evidence or witness testimony.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 25 years of experience to your side of the equation, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.