Aggressive Defense Against Government Injustice
As a skilled attorney, I’ve defended those in Cincinnati, Ohio, and Covington, Kentucky, against OVI, DUI, and other traffic law violations. That includes those in the neighboring areas of Bridgetown North, Norwood, Milford, Springdale, and throughout Hamilton County, Clermont County, and Butler County, Ohio, as well as Fort Mitchell, Highland Heights, Independence, and throughout Campbell County, Kenton County, and Boone County, Kentucky.Misdemeanor Defense Attorney in Covington, Kentucky
With offices in Covington, Kentucky, and Cincinnati, Ohio, we represent clients throughout the greater Cincinnati and Northern Kentucky areas, including Butler, Clermont County, and Hamilton, as well as Kenton, Boone, and Campbell Counties in Kentucky.
Crimes Classified as Misdemeanors in Kentucky
Kentucky law divides criminal offenses into two broad categories: misdemeanors and felonies. Felony charges are considered more serious than misdemeanor charges, though misdemeanors can still lead to a jail sentence. If you are convicted of a misdemeanor, you will have a hard time finding employment or renting a home.
In Kentucky, a misdemeanor can be any criminal charge punishable by up to a year in jail. Some of the common examples of misdemeanors in Kentucky include:
- DUIs (first, second, and third)
- Assault in the Fourth Degree, including domestic violence
- Harassment
- Possession of marijuana
- Theft by unlawful taking and theft by deception
- Possession of a controlled substance (second and third degrees)
Depending on the circumstances of the offense, a misdemeanor can be elevated to a felony, which is why it is a good idea to hire an attorney early on in the process to ensure the most favorable outcome possible.
Classes of Misdemeanors in Kentucky
- Class A: Some examples of Class A misdemeanors are sexual misconduct, promoting prostitution, cultivation of less than five marijuana plants, and violation of a protective order.
- Class B: Some examples of Class B misdemeanors are resisting arrest, public intoxication, first-time DUI, and prostitution.
In Kentucky, a judge can also impose enhanced felony penalties for certain misdemeanors. These misdemeanors are also known as “repeat misdemeanors” that can be elevated to felonies. Repeat misdemeanors that can be enhanced to a felony include:
- Indecent exposure
- Assault on a family member
- Possession of a handgun by a minor
- Assault of a sports official
In most cases, enhanced felony penalties apply when a person is convicted for a second or third time within a specific amount of time (e.g., five years).
The Legal Process of a Misdemeanor Charge
If the accused pleads “not guilty” (which is the plea when you refute the misdemeanor charges brought against you), their case will go to trial. You will need to speak with an experienced misdemeanor defense attorney in Covington, Kentucky, before the arraignment so that your legal counsel can review the prosecution’s case against you and advise you on your plea options and defense strategies.
Your attorney will help you navigate the legal process of a misdemeanor charge from start to finish and ensure that your rights are protected at each stage, including after the arrest and during the arraignment. Your attorney will file the necessary motions to suppress the evidence presented against you and help you find weaknesses in the prosecution’s case.
Can You Go to Jail for a Misdemeanor?
However, not all misdemeanor crimes are eligible for alternative sentencing in Kentucky. In some cases, individuals who face misdemeanor charges can qualify for pretrial diversion, which is the postponement of the imposition of the sentence. If the offender successfully completes the terms of their diversion program, they will not have a conviction on their record.
How Can a Misdemeanor Defense Attorney Help?
1. Expertise and Knowledge
Our attorney at Ganote Law, LLC, can bring legal advice and knowledge to fight for your rights. We can provide you with an in-depth understanding of your legal situation and help you understand the charges against you.
2. Investigation and Strategies
A defense attorney’s primary job is to investigate your case and determine the best defense strategies. We will review the police reports, witness statements, and any available evidence to find flaws in the prosecution’s case. This can help reduce the charges or get your case dismissed altogether.
3. Legal Representation
In addition, Ganote Law, LLC, can provide you with legal representation throughout the entire legal process. Our attorney can represent you in court, prepare your defense, and advocate for your rights. With our help, you can be assured that your case will be handled professionally, and you will have the best possible outcome.
4. Protection of Your Rights
Lastly, our attorney at Ganote Law, LLC, can fight to protect your constitutional rights. We will ensure that you receive fair treatment in court and that proper procedures are followed throughout the legal process.
