Ky. Rev. Stat. » Chapter 532

Ky. Rev. Stat. § 532.090

Sentence of imprisonment for misdemeanor

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A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within the following maximum limitations: (1) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and (2) For a Class B misdemeanor, the term shall not exceed ninety (90) days. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 281, effective January 1, 1975.

Notes of Decisions
Cited in 30 cases (6 in the last 5 years), 1976–2026 · leading case: Hoskins v. Maricle
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Hoskins v. Maricle (2004) ky · cites it 2× “Thus, federal trial courts are required to exercise their power under FRCrP 11(c)(1)(3) to ensure that plea agreements reflect the seriousness of the underlying criminal behavior and the statutorily contemplated sentencing range.”
Commonwealth v. Hager (2001) ky · cites it 2× “030(2); KRS 532.090(1); KRS 534.040(2)(a). Since the jurors were not instructed on the elements of fourth-degree assault, they presumably did not *831 know that when an assault results in the victim's death, the offense is not an assault, but a homicide.”
Johnson v. Commonwealth (2003) ky “500(2), both Class A misdemeanors otherwise subject to an aggregate maximum penalty of twelve months incarceration, KRS 532.090(1), KRS 532.110(1)(b), were, pursuant to KRS 218A.”
Posey v. Commonwealth (2006) ky · cites it 2× “1422, and those found guilty of committing that crime are subject to as much as twelve (12) months imprisonment, KRS 532.090. The fact that conviction of misdemeanor crimes may result in the loss of one's freedom for as much as one year belies the contention that such crimes are…”
United States v. Dennis Hodge (2015) ca6 “” Ky. Rev. Stat. § 532.090(1). Therefore, even though it went unprosecuted, Hodge’s conduct appears to be a violation of state law that could have resulted in incarceration.”
Blane v. Commonwealth (2012) ky “KRS 532.090(2). Clearly, the as-amended version of KRS 218A.”
Thornton v. Commonwealth (2013) ky “060; KRS 532.090; KRS 532.110. . RCr 9.54(3): “The instructions shall not make any reference to a defendant’s failure to testify unless so requested by the defendant, in which event the court shall give an instruction to the effect that a defendant is not compelled to testify…”
Norton v. Commonwealth (2001) ky “” Thus, according to Appellant, a sentence for a misdemeanor conviction must run concurrently with any felony conviction.”
Commonwealth v. O'Conner (2012) ky “070(2), which would carry a maximum prison sentence of twelve months, KRS 532.090(1). . Black's Law Dictionary defines "neglect” as: (1) "The omission of proper attention to a person or thing, whether inadvertent, negligent, or willful; the act or condition of disregarding”; or…”
Commonwealth v. Philpott (2002) ky “KRS 532.090; KRS 534.040(2)(b). The factual premise for the indictment was that Philpott, with the intent to commit a crime, knowingly entered or remained unlawfully in a residence and, while in the residence, assaulted and physically injured Mary Malone who was not a…”
Holbrooks v. Commonwealth (2002) ky “…41 Am.Jur., § 13 (Perjury))). . KRS 523.010(1). . Ky., 958 S.W.2d 21 (1997). . Id. at 25 (emphasis added). . See KRS 532.090(1).”
James v. Commonwealth (1983) ky “110(1) construed together with KRS 532.090 and KRS 532.060 mandates that a misdemeanor sentence be served concurrently with the indeterminate sentence for a felony.”
Show all 30 citing cases →
— Ky. Rev. Stat. § 532.090(1) — 8 cases
Commonwealth v. Hager (2001) ky “030(2); KRS 532.090(1); KRS 534.040(2)(a). Since the jurors were not instructed on the elements of fourth-degree assault, they presumably did not *831 know that when an assault results in the victim's death, the offense is not an assault, but a homicide.”
Johnson v. Commonwealth (2003) ky “500(2), both Class A misdemeanors otherwise subject to an aggregate maximum penalty of twelve months incarceration, KRS 532.090(1), KRS 532.110(1)(b), were, pursuant to KRS 218A.”
United States v. Dennis Hodge (2015) ca6 “” Ky. Rev. Stat. § 532.090(1). Therefore, even though it went unprosecuted, Hodge’s conduct appears to be a violation of state law that could have resulted in incarceration.”
Commonwealth v. O'Conner (2012) ky “070(2), which would carry a maximum prison sentence of twelve months, KRS 532.090(1). . Black's Law Dictionary defines "neglect” as: (1) "The omission of proper attention to a person or thing, whether inadvertent, negligent, or willful; the act or condition of disregarding”; or…”
Holbrooks v. Commonwealth (2002) ky “…41 Am.Jur., § 13 (Perjury))). . KRS 523.010(1). . Ky., 958 S.W.2d 21 (1997). . Id. at 25 (emphasis added). . See KRS 532.090(1).”
— Ky. Rev. Stat. § 532.090(2) — 6 cases
Blane v. Commonwealth (2012) ky “KRS 532.090(2). Clearly, the as-amended version of KRS 218A.”
Pierce v. Commonwealth (1989) ky
Carlos Deandre Jenkins v. Commonwealth of Kentucky (2020) ky
Carlos Deandre Jenkins v. Commonwealth of Kentucky (2020) ky
David A. Kimmel v. Commonwealth of Kentucky (2023) ky
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