Domestic violence is taken seriously in Lexington and throughout Kentucky. Depending on the facts of the case, it can lead to misdemeanor or felony charges. The difference between the two can have a major impact on your life. 

If you’re facing domestic violence allegations, it’s important to understand how Kentucky law works and what penalties you could face. Even a single charge can affect your record, reputation, and future opportunities.

How Kentucky Defines Domestic Violence

Under Kentucky law, domestic violence is not its own separate criminal offense. Instead, it refers to certain types of crimes (like assault or stalking) when they occur between people in specific relationships. 

Broadly speaking, this includes family members as well as:

  • Spouses or ex-spouses
  • People who live together or used to live together
  • People who have a child in common
  • Current or former dating partners

The presence of one of these relationships can affect how the court treats the case, especially when it comes to protective orders, bond conditions, and sentencing. Courts are often more cautious when family or household members are involved, and prosecutors may pursue charges more aggressively.

When Is Domestic Violence a Felony in Kentucky?

Not all domestic violence-related charges are felonies. However, some can lead to felony charges even for a first offense. 

For example, a person may face a felony charge if:

  • The alleged offense is serious, such as assault in the second or first degree
  • The accused is charged with strangulation, which can be a felony in Kentucky
  • The defendant has prior convictions for domestic violence
  • A weapon was used during the alleged incident
  • The victim suffered significant injury

Felony charges often depend on the level of harm involved, the use of force, and any criminal history. Repeat offenses are also more likely to be treated as felonies. 

For instance, a third conviction for certain crimes like stalking or assault may be enhanced to a felony under Kentucky law. This kind of repeat behavior is treated as a pattern of violence, which courts view as more dangerous to the public.

Misdemeanor vs. Felony Domestic Violence Charges

Misdemeanor charges are typically less severe, though they can still result in jail time, fines, and other consequences. 

Common misdemeanor charges in domestic violence cases include:

These offenses often involve minor injuries or threats that did not result in physical harm. However, they can still lead to a criminal record and may affect custody rights, employment, or firearm ownership.

Felony domestic violence charges carry much harsher penalties. A conviction may result in years in prison, long-term probation, and loss of rights like gun ownership. You may also face lasting collateral consequences in your job, housing, and family relationships.

What Should You Do if You’re Accused of Domestic Violence?

Being accused of domestic violence can be overwhelming and frightening. The steps you take early on can make a big difference in your case. 

Here are a few crucial actions to consider:

  • Do not contact the alleged victim, especially if there is a protective order in place
  • Avoid discussing the case with others or on social media
  • Follow all court instructions and bond conditions
  • Contact a criminal defense attorney as soon as possible

A lawyer can examine the facts and work to build an effective defense. In some situations, charges can be reduced or dismissed entirely. Legal support from the start ensures you don’t miss deadlines or make mistakes that could hurt your case.

Contact a Lexington Domestic Violence Defense Lawyer for a Free Consultation

Domestic violence charges in Lexington, Kentucky, can carry serious penalties. Whether you’re facing a misdemeanor or felony, you need strong legal representation to protect your future. A defense attorney can help you understand your options and fight for the best possible outcome.

If you’ve been accused of domestic violence, don’t wait. Contact a trusted Lexington criminal defense lawyer at Suhre & Associates DUI and Criminal Defense Lawyers today at (859) 569-4014 to schedule a free consultation. 

Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212,
Lexington, KY 40507

(859) 569-4014