Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for the opportunity to assist you. I'm sorry this has happened to you.
There are a few crimes these actions could fall under, all felonies.
First is the theft of your money, $960.00. Since the value of the property stolen (your money) is over $500 but less than $10,000, the theft is a class D felony.
If convicted, the penalty range for a class D felony is between 1 and 5 years in prison. Kentucky is a parole state, which means that your son COULD be sentenced to the entire term (5 years) but still got out much earlier.
Another crime is forgery. That's also a class D felony, same punishment as above. Forgery is the act of making or altering a written instrument (your checks) to the prejudice of another (you). When your son wrote the checks, he altered them without your permission. The prejudice occurred when you lost the money from your bank account.
It's possible if he has no record that his attorney could try to plea bargain these charges down to misdemeanors. It just depends on the particular facts, the prosecutor, the circumstances, etc.
If convicted of Class D felony or Misdemeanors these will be on his record forever?
Please hang on while I check on expungement laws in Kentucky...
Thanks for your patience. If convicted of a felony, then yes, it will stay on his record forever. In Kentucky, under current law, a felony conviction cannot be expunged. Expunged means taken off a person's record. You can only get a felony taken off you record if you get a pardon from the governor.
If convicted of a misdemeanor, he could have that expunged after 5 years has passed.
Thank you very much. Excellent Service.
You're very welcome, and I'm happy to hear you're satisfied. Is there anything else I can help you with? If not, thanks again for the opportunity to assist you. Please ask for me in the future if you had additional questions. Best wishes!