Understanding Criminal Charges Under Kentucky Law
Every criminal charge in Kentucky has specific elements the prosecution must prove beyond a reasonable doubt. This is the highest standard of proof in the legal system — it means the evidence must be so compelling that no reasonable person could doubt the defendant’s guilt. If the prosecution fails to prove even one element, the charge should be dismissed or result in an acquittal. Understanding exactly what the Commonwealth must prove — and where the weaknesses in their case are — is the foundation of effective criminal defense.
How a Criminal Case Moves Through Kentucky Courts
Arrest and arraignment: You’re informed of the charges, advised of your rights, and bail is set. This happens within 24-48 hours of arrest. Having an attorney at arraignment can influence bail conditions.
Preliminary hearing (felonies): Within 10 days of arraignment, the prosecution must show probable cause. This is the defense’s first opportunity to challenge the evidence and cross-examine witnesses.
Grand jury indictment: For felonies, a grand jury must indict. The defense can present evidence and witnesses to the grand jury in some circumstances.
Discovery and motions: The defense reviews all evidence, files motions to suppress illegally obtained evidence, and prepares for trial or negotiates a resolution.
Trial or plea: Cases resolve through dismissal, plea negotiation, or trial. Over 90% of criminal cases in Kentucky are resolved through negotiation — making your attorney’s relationships with prosecutors and knowledge of local court practices critically important.
What’s at Stake Beyond the Criminal Penalties
A criminal conviction in Kentucky affects far more than your freedom. It impacts employment, housing, education, professional licensing, gun rights, voting rights, and family relationships. For non-citizens, even misdemeanor convictions can trigger deportation. Clark + Harris fights to protect the full scope of your life — not just the criminal case. Flat fees. Payment plans available. Call 859-474-0001.
Understanding KRS 508.070 — Wanton Endangerment Second Degree in Kentucky
Second-degree wanton endangerment is a common criminal charge in Kentucky that addresses reckless behavior creating a risk of injury to others. Under KRS 508.070, a person is guilty of wanton endangerment in the second degree when they wantonly engages in conduct that creates a substantial danger of physical injury to another person. Unlike first-degree wanton endangerment, which requires a risk of serious physical injury or death, second-degree applies to conduct creating a lesser but still substantial danger. These charges arise frequently in Lexington and Louisville from a variety of circumstances.
At Clark + Harris, we help clients facing wanton endangerment charges understand the allegations and build effective defenses.
What Does KRS 508.070 Prohibit?
KRS 508.070 prohibits wantonly engaging in conduct that creates a substantial danger of physical injury to another person. The key term “wantonly” means that the person was aware of and consciously disregarded a substantial and unjustifiable risk. Common scenarios that lead to second-degree wanton endangerment charges include reckless driving behavior, firing a weapon in a populated area without injuring anyone, leaving dangerous conditions on property, and other conduct that puts people at risk of physical harm without actually causing injury.
Elements the Prosecution Must Prove
The Commonwealth must prove that you engaged in specific conduct, that the conduct created a substantial danger of physical injury to another person, and that you acted wantonly — meaning you were aware of and consciously disregarded the risk. Importantly, the prosecution does not need to prove that anyone was actually injured — only that your conduct created a substantial danger of injury.
Penalties
Wanton endangerment in the second degree is a Class B misdemeanor, carrying up to 90 days in jail and fines up to $250. While less severe than first-degree wanton endangerment (which is a Class D felony), a conviction still results in a criminal record and can serve as the basis for enhanced penalties on future offenses. The charge is often paired with other offenses, and the cumulative impact of multiple convictions can be significant for Lexington and Louisville residents.
Common Defenses
The primary defense often involves challenging the mental state element. If you were not actually aware of the risk — if you genuinely failed to perceive the danger rather than consciously disregarding it — your conduct may be negligent but not wanton. The distinction between negligence and wantonness is legally significant and can mean the difference between conviction and acquittal. Additionally, if the risk created was not “substantial,” the elements of the offense are not met. Your attorney can also challenge the factual basis for the charge through witness testimony and physical evidence.
How Clark + Harris Can Help
Wanton endangerment charges can escalate quickly if not handled properly. The attorneys at Clark + Harris will analyze the prosecution’s case, challenge the evidence of wantonness, and work toward dismissal or reduction of the charges. We handle criminal defense throughout Lexington, Louisville, and all of Kentucky.
Protect yourself from criminal charges. Call Clark + Harris at 859-474-0001 for a consultation.
Related Resources
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