Criminal Law Services

Servicing Louisville, Shepherdsville, Burlington and Shelbyville, KY

At Fernandez & Moloney PLLC, we understand that facing criminal charges can be an overwhelming experience. Whether you're dealing with a traffic offense or more serious criminal charges, our experienced attorneys in Louisville, Shepherdsville, Burlington and Shelbyville, KY, are committed to defending your rights and ensuring that you receive the best possible legal representation. We are dedicated to guiding you through the legal process, protecting your future, and fighting for the most favorable outcome in your case.

Traffic Offenses: Protecting Your Driving Record

Traffic offenses, while often considered minor, can have serious consequences, especially if they are not addressed properly. At Fernandez & Moloney PLLC, we assist clients who have been charged with various traffic violations, including speeding tickets, reckless driving, driving under the influence (DUI), and driving without a license. Even seemingly simple traffic violations can lead to hefty fines, points on your driving record, increased insurance rates, and, in some cases, license suspension. Our attorneys will evaluate your case, determine the best legal strategy, and work diligently to protect your driving privileges. Whether you're seeking to reduce the severity of the charges or dismiss them altogether, we are here to help.

Defending Against Other Criminal Charges

Criminal charges can range from minor offenses to more serious accusations. Whether you are facing theft, assault, drug-related charges, or other criminal offenses, Fernandez & Moloney PLLC provides skilled legal representation to defend your rights. Our team of criminal defense attorneys works to thoroughly investigate the circumstances of your case, identify weaknesses in the prosecution's evidence, and craft a defense strategy tailored to your specific situation. We take a proactive approach to your defense, aiming to minimize the impact of criminal charges on your life, your family, and your future. If you have been accused of a criminal offense in Louisville, Shepherdsville, Burlington and Shelbyville, KY, our attorneys are here to help you navigate the legal system with confidence.

Navigating the Criminal Justice System with Confidence

The criminal justice system can be complex and difficult to understand, especially if you are facing charges for the first time. At Fernandez & Moloney PLLC, we are committed to making the process as smooth as possible by providing clear communication, expert advice, and strong legal representation. Our attorneys are experienced in handling a wide variety of criminal cases and will work with you at every step, from the initial investigation to the final resolution of your case. We will explain your legal options, help you make informed decisions, and fight for the best possible outcome on your behalf.

Penalty Ranges for Kentucky Crimes

If you are charged with a crime, the first thing you may be wondering is how much time you are facing. In Kentucky the penalties levels are:

Class B Misdemeanor: Up to 90 days
Class A Misdemeanor: 90 to 365 days
Class D Felony Possession: 1-3 years
Class D Felony: 1-5 years
Class C Felony: 5-10 years
Class B Felony: 10-20 years
Class A Felony: 20 to 50 years or Life (w/ the possibility of parole after 24 years)
Capital Offenses: 20 to 50 years, Life (with the possibility of parole after 24 years), Life without parole for 50 years, Life without parole, the Death Penalty

Possible Sentencing Enhancements

Sometimes, if your crime meets particular facts, there may be a possibility of an increase in the amount of time you could face or how long you will have to serve before being eligible for parole. Some of these include:

Subsequent Drug Trafficking Offense: Increase offense by one “class”
Specific Drug Enhancements:
Gun Enhancement: Increase offense by one “class”
Heroin “aggravated” Enhancement: Transporting or trafficking convictions of over 100g are not eligible for parole until 50% of sentence is served
Fentanyl Enhancement: Transporting or trafficking convictions over 28g are not eligible for parole until 85% of sentence is served
Manufacturing Methamphetamine: Will not be eligible for parole until 50% of the sentence is served
Sex Offenses:
Subsequent Offense: Increase offense by one “class”
Victim Under 12: Increase offense by one “class”
Victim sustains serious physical injuries: Increase offense by one “class”
Persistent Felony Offender (“PFO”) Enhancement
Persistent Felony Offender, 2nd Degree: Increase offense by one “class”
Persistent Felony Offender, 1st Degree: Increase offense by one “class” and not eligible for parole until 10 years are served
Violent Felony Enhancement
First Offense: not eligible for parole until 85% of sentence is served
Persistent Violent Felony Offender (A person convicted of a violent felony who has previously been convicted of two (2) separate violent felonies): A term of imprisonment for life without benefit of probation or parole, if the felony is not a capital offense; or Death, or a term of imprisonment for life without benefit of probation or parole, if the felony is a capital offense.

DUI Penalties

A conviction for a DUI comes with consequences beyond the possibility of jail time. This is increased if you have multiple convictions within a ten (10) year period. Some of these include:

First offense:
Imprisonment: 48 hours - 30 days (If aggravating circumstances are present the mandatory minimum is 4 days)
Fine: $200-$500 (plus $425 service fees and court costs)
Classes: 90 days of classes
License Suspension: 4-6 months
Second offense:
Imprisonment: 7 days - 6 months (If aggravating circumstances are present the mandatory minimum is 14 days)
Fine: $350-$500 (plus Service Fees and Court Costs)
Classes: 1 year of classes
License Suspension: 12-18 months
Third offense:
Imprisonment: 30 days - 12 months (If aggravating circumstances are present the mandatory minimum is 60 days)
Fine: $500-$1,000 (plus $425 service fees and court costs)
Classes: 1 year of classes
License Suspension: 18-36 months
Fourth offense or greater (felony offense):
Imprisonment: 7 days - 6 months (If aggravating circumstances are present the mandatory minimum is 240 days)
Fine: $1,000-$10,000 (plus $425 service fees and court costs)
Classes: 1 year of classes
License Suspension: 30-60 months

Collateral Consequences

A conviction can come with consequences that go beyond the possibility of jail time. Some of these possible consequences may include:

Requirement to submit DNA: Anyone convicted of a felony will be required to provide a DNA sample.
Firearm Prohibition: Any felony conviction or a misdemeanor conviction involving domestic violence can leave an individual permanently unable to possess a firearm
Sex Offenders: Potential consequences could include:
Additional post-incarceration supervision
Being required to maintain registration on the Sex Offender Registry
Residency, computer, employment, and travel restrictions
Immigration Consequences: Non-citizens charged with crimes are often at risk of either being deported or being deemed inadmissible (thus prohibiting future entry into the United States).
Voting: Persons convicted of a felony are not eligible to vote unless they have been pardoned by the Governor or otherwise been granted a restoration of civil rights.
Denial of Federal Benefits: Eligibility for many public benefits can be lost upon conviction for certain crimes.
A student convicted of any offense involving the possession or sale of a controlled substance, for conduct that occurred during a period of enrollment for which the student was receiving federal student assistance, shall not be eligible to receive any grant, loan, or work assistance from the date of that conviction for a period of time.
Veterans’ Benefits: If any individual to whom pension is being paid is imprisoned as a result of a conviction of a felony or a misdemeanor, payments will stop on the sixty-first day of imprisonment following conviction.
No veteran shall receive a pension if the veteran is a fugitive felon
No person shall be eligible for residence in an armed forces retirement home if he or she has been convicted of a felony
Family Issues: Certain types of convictions could affect your custody rights. This could include the involuntary termination of parental rights upon conviction of a criminal charge involving the murder, abuse or neglect of any child.
Employment: In many professions, certain charges or convictions can result in losing a license or certificate necessary to work.
If a job requires any type of government issued license, certificate, registration, permit, or contract, a criminal conviction could have adverse employment consequences.
If a job involves working with vulnerable populations (i.e. students, the mentally ill, children, seniors, etc.), a criminal conviction may curtail employment possibilities.
If a job involves a position of trust or responsibility (i.e. financial responsibility, responsibility for the well-being of another, contact with the public, etc.), a criminal conviction may curtail employment possibilities.

Comprehensive Criminal Defense

When facing criminal charges, it is crucial to have an attorney who is both knowledgeable and experienced in criminal law. At Fernandez & Moloney PLLC, we offer comprehensive legal services for clients facing traffic offenses and other criminal charges in Louisville, Shepherdsville, Burlington and Shelbyville, KY. Our attorneys are dedicated to providing aggressive representation while maintaining the highest level of professionalism and integrity. If you are facing criminal charges, contact Fernandez & Moloney PLLC today to schedule a consultation and learn how we can assist you in defending your rights and your future.