In Kentucky, the concept of a Persistent Felony Offender (PFO) is created by Kentucky Revised Statute 532.080 which authorizes additional punishment for people who are at least twenty-one (21) years of age and have been convicted of multiple felonies within a given time period.
The amount of time is difficult to explain because it can be calculated multiple ways.
The two most likely ways to qualify as a Persistent Felony Offender are (1) having been released from incarceration for a previous felony within the five (5) years of committing another felony and; (2) committing a felony while on any type of post incarceration supervision.
Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony.
Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. How much longer the sentence is depends upon whether the defendant is convicted of being a Persistent Felony Offender in the First or Second Degree and the severity of the crime for which the defendant has just been convicted. The amount of additional time can vary wildly depending upon the circumstances of the defendant.
Avoiding this additional sentencing after you are convicted of a qualifying felony is not realistically possible if you meet the criteria laid out in the Persistent Felony Offender statute.
Often a prosecutor will allow a defendant to plead guilty and agree to not pursue sentencing as a Persistent Felony Offender or to allow the defendant to enter an Alford plea which by statute does not trigger the Persistent Felony Offender statute. This decision is something that should always be discussed with a competent attorney because the situation of a particular criminal defendant is what will determine the best course of action.
If you would like to talk to one of our attorneys about this or any other topic involving criminal defense, please contact us at Hurst & Hurst Law at (859) 209-2101.
Can you file an appeal after pleading guilty to a felony
No, once you have plead guilty, you waived your right to appeal.
Once on probation, can you go back and ask for diversion?
Technically you can make the request of the Court, however, the likelihood of success is extremely low. I have never personally seen anyone be successful in making that request.
Does a grand jury have to find a true bill for PFO?
No, PFO acts as an enhancement on the charge. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO.
Just a question (I am not involved in any of these crimes I’m speaking of. A good friend of mine is.)
Person is charged with burglary in the first
And retaliating against a person in the judicial process.
However person did not retaliate just happened to be there when other party did. And burglary? He was in the persons house but was invited. There are 3 people being charged with these crimes all the same charges is that possible? If so what jail time could they be looking at? And could they do pretrial diversion , and what could be possible offers they are offered..
To be able to advise you in detail regarding these questions, please feel free to contact our office and set up a time to discuss these matters in more detail with one of our attorneys. Thank you.
My son has been in Prison off and on for PFO for a total of last 8 years this has absolutely distorted his life and has a 9 year old that doesn’t even know his dad!! Very sad for state of Kentucky!!
Joyce, thank you for reaching out. I am sorry to hear that your family has been having such a difficult time. Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence.