Defense From Felony Charges
Once you are charged with a felony, the most promising path to avoiding a damaging criminal record is to work closely with a defense lawyer who has been proven to be effective in similar cases.
Some Of Attorney McGee’s Past Cases
Attorney McGee’s effectiveness as a defense lawyer in felony cases is well documented through his strong track record of successful outcomes for clients such as,
| Murder | LIVINGSTON CO. | DISMISSED |
| Murder | MARSHALL CO. | NOT GUILTY – JURY |
| Murder | MCCRACKEN CO. | 10 YRS – JURY |
| Murder | CARLISLE CO. | ADJUDGED MENTALLY ILL |
| Murder | KY SUPREME COURT | RULED FOR CLIENT |
| Manslaughter | MARSHALL CO. | DISMISSED |
| Reckless Homicide | LIVINGSTON CO. | DISMISSED |
| Attempted Murder | MCCRACKEN CO. | DISMISSED |
| Assault | MCCRACKEN CO. | NOT GUILTY – JURY |
| Drug Trafficking | CRITTENDEN CO. | NOT GUILTY – JURY |
| Drug Trafficking | LIVINGSTON CO. | NOT GUILTY – JURY |
| Drug Trafficking | MCCRACKEN CO. | DISMISSED |
| Drug Trafficking | CALDWELL CO. | DISMISSED |
| Drug Trafficking | U.S. SUPREME COURT | RULED FOR CLIENT |
| Drug Trafficking | KY SUPREME COURT | RULED FOR CLIENT |
| Drug Trafficking | KY COURT Of Appeals | RULED FOR CLIENT |
| Rape-First Degree | LIVINGSTON CO. | DISMISSED |
| Sodomy-First Degree | LIVINGSTON CO. | NOT GUILTY – JURY |
| Sexual Abuse | LIVINGSTON CO. | NOT GUILTY – JURY |
| Sexual Abuse | LIVINGSTON CO. | NOT GUILTY – JURY |
The above cases are just a sample of what attorney McGee has done for clients over the past decades. Attorney McGee has also gotten DISMISSALS for clients on other criminal charges such as Felony Assault, Felony Wanton Endangerment, Felony Neglect, Burglary, Arson, Felony Possession of a Firearm and Felony Theft Offenses.
The Legal Process For Felony Cases
Felony charges in Kentucky include any charge that could result in a sentence greater than 12 months. The process begins with an arrest, which itself may follow the issue of a warrant. The case may go before a grand jury, which decides if there is sufficient evidence to proceed with a trial.
The circuit court has jurisdiction in felony cases. A grand jury has 60 days to indict the defendant. After the indictment, the defendant will be arraigned in circuit court, where they will enter a plea such as guilty or not guilty. After the court records this plea, it will set an initial trial date. The case then goes to trial in circuit court. If it results in a conviction, another hearing will be scheduled for sentencing. Even with mandatory sentencing guidelines, the defendant does not learn their sentence at the trial.
Rights Of The Accused
It is critical for defendants to understand their fundamental legal rights. These include the right to remain silent – defendants have a right not to incriminate themselves, and staying silent is not viewed as an admission of guilt – the right to an attorney and the right to a fair trial, often by a jury of their peers. The jury should be impartial, and the defendant typically has a right to a speedy trial.
In many cases, if there is a conviction, the defendant then has the right to an appeal. It is important to note that an appeal is not a second trial and that new evidence will not be presented. Instead, appeals are generally based on allegations that the law was interpreted or applied incorrectly or that there were clear errors made in the case that invalidate the results and render the initial conviction unjust.
State-Specific Felony Laws
Below are a few examples of charges and sentences from Kentucky:
- Class A: (Murder, first-degree arson, first-degree rape): Sentence from 20 years to 50 years, with the chance for life
- Class B: (First-degree assault, burglary, sex trafficking): Sentence from 10 to 20 years
- Class C: (Manslaughter, extortion, theft): Sentence from five to 10 years
- Class D: (First-degree stalking, wanton endangerment, financial crimes): Sentence from one to five years
- Capital offenses (First-degree murder): Potential for the death penalty in Kentucky
Felony charges often carry strict sentences, which is why it is important for the accused to understand their rights.
To schedule a consultation with attorney McGee about your felony or misdemeanor charges in Kentucky, call 270-854-1885 or send an online message.