Class D Felony in Kentucky

A Class D felony is the lowest felony class in Kentucky — but it is still a felony, with a 1 to 5 year prison sentence, lasting consequences for work and housing, and serious collateral effects. Here is what you are facing and how the defense fits together.

Quick facts. Kentucky Class D felony sentence: 1 to 5 years (KRS 532.060). Probation is available in most cases (KRS 533.010). Many Class D felonies are expungable five years after sentence completion (KRS 431.073). Fines can range up to $10,000 (KRS 534.030).

What Is a Class D Felony?

Kentucky classifies felonies into four classes based on the statutory sentencing range. A Class D felony is the least severe felony classification under Kentucky law. Under KRS 532.060(2)(d), the authorized term of imprisonment for a Class D felony is not less than one (1) year and not more than five (5) years.

That sentence is served in the custody of the Department of Corrections. A Class D felony is not a misdemeanor — a conviction places you in the felony-records system, with all the consequences that follow.

The Four Kentucky Felony Classes

Class A felony — 20 to 50 years or life
Class B felony — 10 to 20 years
Class C felony — 5 to 10 years
Class D felony — 1 to 5 years

See our felonies and misdemeanors overview for details on the other classes.

Common Class D Felony Offenses in Kentucky

A large share of the felonies filed in Kentucky Circuit Courts are Class D. Frequently charged Class D offenses include:

Possession of a Controlled Substance, 1st Degree, 1st Offense — heroin, fentanyl, methamphetamine, cocaine (KRS 218A.1415)
Theft by Unlawful Taking over $1,000 but under $10,000 (KRS 514.030)
Receiving Stolen Property over $1,000 but under $10,000 (KRS 514.110)
Burglary, 3rd Degree (KRS 511.040)
Criminal Possession of a Forged Instrument, 2nd Degree (KRS 516.060)
Flagrant Non-Support (KRS 530.050)
Wanton Endangerment, 1st Degree (KRS 508.060)
Strangulation, 2nd Degree (KRS 508.170)
Assault, 3rd Degree (KRS 508.025)
Fleeing or Evading Police, 1st Degree (KRS 520.095)
Tampering with Physical Evidence (KRS 524.100)
Unlawful Transaction with a Minor, 2nd Degree (KRS 530.065)
DUI, 4th or Subsequent Offense within ten years (KRS 189A.010) — see our DUI penalties chart

Kentucky Class D Felony Penalties

Imprisonment

The base range is 1 to 5 years of imprisonment under KRS 532.060(2)(d). A jury (or the court at a bench trial) recommends a sentence within that range. The judge then imposes sentence, subject to any mandatory minimums that apply to the specific offense.

Fines

Under KRS 534.030, a fine for a felony may be set at $1,000 to $10,000 or double the defendant’s gain from the offense — whichever is greater. The court considers ability to pay. A fine is a separate penalty from restitution.

Probation

Under KRS 533.010, probation is available for most Class D felonies. For eligible offenses, the court must consider whether probation — with or without an alternative sentencing plan — is appropriate before imposing imprisonment. Many Class D felony defendants, particularly first offenders, receive a probated sentence with conditions (drug testing, treatment, supervision, community service, restitution).

Certain offenses are ineligible for probation by statute — for example, some violent offenses, persistent felony offender (PFO) enhancements, and specific sex offenses under KRS 532.055.

Persistent Felony Offender (PFO)

A Class D felony can be enhanced under the PFO statute, KRS 532.080. A PFO 2nd degree enhancement on a Class D felony raises the sentencing range to that of a Class C felony (5 to 10 years). A PFO 1st degree enhancement raises it further and can eliminate parole eligibility for a significant period. Prior felony history transforms the entire analysis.

Parole

Under 501 KAR 1:030, a Class D felony is typically eligible for parole consideration after service of 15% of the sentence, subject to the Parole Board’s discretion and the specifics of the case.

Collateral Consequences

The direct sentence is often not what hurts most. A Kentucky felony conviction carries consequences that last far beyond the courtroom:

Loss of voting rights until relief is granted by the governor
Loss of the right to possess a firearm under federal and state law
Disqualification from jury service
Disqualification from certain professional licenses — nursing, teaching, law, real estate, and others
Background-check consequences that affect employment and housing for life
Immigration consequences for non-citizens, including deportability for certain offenses
Student aid restrictions for some drug-related felonies
Child custody and family-court consequences — see our child custody page

These collateral consequences are often the strongest argument for fighting the charge at the front end rather than accepting a plea without a full defense review.

How We Defend Class D Felony Cases

Every case has its own story. A methodical defense starts at the first step — the stop, the search, the arrest — and works through every piece of evidence the Commonwealth intends to use.

Fourth Amendment challenges. Was the stop supported by reasonable suspicion? Was the search supported by probable cause or a valid warrant? If not, the evidence is suppressed.
Miranda analysis. Were you in custody? Were rights read before questioning? If not, statements may be suppressed.
Evidence integrity. Chain of custody, lab testing methodology, and officer testimony all get tested. A weak chain means weaker evidence at trial.
Element-by-element review. The Commonwealth must prove every element beyond a reasonable doubt. If it cannot prove one, the case falls.
Diversion and alternative sentencing. First-offender drug possession may qualify for pretrial diversion under KRS 218A.14151 — a path that can leave you without a felony conviction at all.
Negotiated outcomes. When the facts support it, we negotiate to a misdemeanor amendment, a deferred sentence, or probation with conditions you can actually meet.

Can a Class D Felony Be Expunged in Kentucky?

In many cases, yes. Under KRS 431.073, a person convicted of an eligible Class D felony may petition the court to vacate and expunge the conviction five years after the completion of sentence (including probation, parole, and the payment of restitution).

Eligibility requires, among other things:

A single qualifying Class D felony conviction (or a limited number per the statute’s lifetime cap)
No pending charges
No convictions during the 5-year waiting period
Payment of all court costs, fines, and restitution
The offense is not excluded by KRS 431.076 (certain sex offenses, offenses against children, abuse of public trust, and others are not expungable)

If your conviction qualifies, expungement removes the conviction from public records — you may lawfully state you have not been convicted of that offense for most purposes. See our Kentucky expungement page for the full process, filing fee, and timeline.

Charges dismissed, not convicted? Dismissed, acquitted, or not-prosecuted Class D felony charges can often be expunged without a waiting period under KRS 431.076. Ask about this at your consultation.

What to Do If You Are Charged With a Class D Felony

Do not talk to police without counsel. Police interviews create evidence the Commonwealth will use against you.
Do not discuss the case. Not on the phone, not in text, not on social media. Jail calls are recorded.
Preserve your side of the story. Write down what happened while it is fresh — times, places, names, witnesses.
Retain counsel immediately. The first week matters. Bond, preliminary hearing, and early-stage decisions shape the rest of the case.
Show up to every court date. A bench warrant destroys bond and hurts the case.

Counties We Serve

Our office is in Georgetown and we handle Class D felony defense across ten Central Kentucky counties, including:

Charged With a Class D Felony? Call Today.

Every week you wait is a week the Commonwealth is building its case. A consultation is the best first step.

Call 859.813.5614 Schedule Consultation