A life sentence is one of the most severe criminal punishments a defendant can receive in Kentucky and across the United States. Essentially, it means that the person must spend the rest of their life in prison, although some may eventually qualify for parole.
What many people don’t realize is that a “life sentence” doesn’t always mean a person will remain behind bars until they die. The details depend on the type of crime in question, Kentucky’s laws on parole eligibility, and other factors.
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What Does a Life Sentence Mean in Kentucky?
In Kentucky, a life sentence means the person has been convicted of a serious felony, often one that caused death or serious harm to another person.
Crimes that can result in a life sentence include:
- Murder
- Rape and sexual assault involving minors
- Kidnapping with aggravating circumstances
- Repeat violent felonies under Kentucky’s “Persistent Felony Offender” law
Judges determine the exact sentence in cases like these based on the nature of the charges and whether there are any aggravating or mitigating factors. For example, someone convicted of murder can be sentenced to life in prison, life without parole for 25 years, or life without the possibility of parole.
When Can Someone Be Considered for Parole?
Kentucky has specific parole eligibility rules depending on the type of life sentence.
These rules determine when, if ever, a person can ask to be released under supervision. The Kentucky Parole Board reviews each case carefully, and release isn’t guaranteed even if the requisite time period has passed. The Board may look at factors such as the nature of the crime, behavior in prison, participation in rehabilitation programs, and the risk of reoffending.
If parole is denied, the board can set another review several years later.
Can Juveniles Receive a Life Sentence in Kentucky?
Juveniles can potentially receive life sentences in Kentucky, but it depends on their age and other considerations. U.S. Supreme Court decisions have placed limits on this practice to help protect young people from being unreasonably penalized as well.
For instance, a juvenile cannot receive a life without parole sentence except in certain homicide cases. Judges also have discretion in deciding whether to impose this sentence in the first place and may consider factors such as the severity of the crime and the rehabilitative steps that have been taken so far in the situation.
What Happens After a Life Sentence Is Imposed?
After sentencing, the person will be transferred to a Kentucky Department of Corrections facility. Life sentences usually mean placement in a high-security prison.
Over time, inmates can participate in work programs, counseling, and educational opportunities. Good behavior doesn’t shorten a life sentence, but it can influence parole decisions later on.
If the inmate is eligible for parole, the process involves:
- A hearing before the Parole Board to discuss the inmate’s conduct and readiness for release
- Input from victims or their families, who have the right to speak at the hearing
- A final decision by the board, which can approve release, defer parole for several years, or deny it outright
Having legal representation throughout this process is strongly recommended.
Can a Life Sentence Be Reduced or Changed?
In rare cases, a life sentence can be reduced through a pardon or commutation by the governor. A pardon is granted to an inmate who has shown rehabilitation or where new evidence raises doubts about guilt, and it absolves them of the charges altogether.
Commutation, on the other hand, merely reduces the sentence to something less severe. For example, from life without parole to life with the possibility of parole. These decisions are discretionary and typically occur only in exceptional situations.
How Does Kentucky Compare to Other States?
While all U.S. states allow life sentences for serious crimes, Kentucky’s parole rules are relatively moderate compared to at least some others. Some states require different periods of time before parole eligibility, while others eliminate parole altogether for a sometimes wider range of crimes.
In Kentucky, the minimum 20-year eligibility for a standard life sentence gives some inmates a chance to re-enter society later in life, provided they demonstrate genuine rehabilitation and low risk to the public.
Contact a Louisville Criminal Defense Attorney for Help With Your Case
If you or a loved one is facing charges that could result in a life sentence, it’s vital to understand what’s at stake. Kentucky’s sentencing laws are complex, and the outcome can vary based on small details in your case.
A Louisville criminal defense lawyer can prepare an effective defense on your behalf and work toward reducing the potential penalties you’re facing. Acting early gives you the best chance at protecting your future and your freedom, so contact Suhre & Associates DUI and Criminal Defense Lawyers for a free consultation today at (502) 371-7000.
