Lexington Gambling and Gaming Defense Attorney
Are you facing a gambling and gaming charge?
The first thing you need to do after you’ve been arrested for gambling and gaming, is to call a Cooley, Iuliano, Robey PLLC gambling and gaming attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled gambling defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their gambling and gaming case against you. Our gambling and gaming law firm and gambling and gaming attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
Kentucky Gambling and Gaming Laws
Most states in the US, but not all, prohibit overall gambling, sports betting, gaming where bets are involved, and Kentucky does too in general. But it’s not as clear cut, especially in this Commonwealth, where horse racing and betting is an important part of its history and economy. Our defense attorneys, as well as every person on our legal team, are an experienced group with the best insights into gambling and gaming laws. If you or someone you know is suddenly accused and facing charges like permitting gambling, possessing gambling records, betting on a horse race outside of the permitted racetrack, pari-mutuel bets, or even accepting money from a bet, you must know this can result in consequences like facing heavy fines or even time in prison as a sentence. In the United States, laws against sports betting and other types of gambling are changing and even loosening. So know your rights and let the professionals show your innocence or perhaps lower the penalties involved.
If you are being accused of gambling or gaming, finding experienced professionals like Lexington ky criminal defense attorney or a gambling lawyer immediately after your arrest is right where you want to start in taking control of your future.
Types of Gambling and Gaming Charges & Penal Codes in Kentucky
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Gambling and gaming charges range from general crimes like permitting and promoting gambling, possession of gambling devices and records, etc., to specific ones like rigging a pari-mutuel horse race. Depending on which you find yourself charged with, you could be facing a misdemeanor or even a felony conviction.
Which is why obtaining the services of a gambling and gaming defense attorney Lexington against gambling charges or gaming charges is the first thing you need to do when faced with charges like these. CIR Legal’s seasoned gambling attorneys can help you with any type of gambling and gaming crime charge and help you determine what you’re up against.
Have you been charged with a Gambling and Gaming crime?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with a gambling and gaming crime you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
(1) A person is guilty of possession of gambling records in the first degree when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article of a kind commonly used:
(a) In the operation or promotion of a bookmaking scheme or enterprise and constituting, reflecting or representing bets totaling more than $500; or
(b) In the operation, promotion or playing of a lottery or mutuel scheme or enterprise and constituting, reflecting or representing more than 500 plays or chances therein.
(2) It shall be a defense to any prosecution under this section that:
(a) The writing, paper, instrument or article possessed by the defendant constituted, reflected or represented bets of the defendant himself in a number not exceeding ten (10); or
(b) The writing, paper, instrument or article possessed by the defendant was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise.
(3) Possession of gambling records in the first degree is a Class D felony.
If you’re facing this gambling charge or gaming charge, get in contact with a reputable bar certified gambling lawyer or gaming lawyer as soon as possible.
If you or someone you care about has been charged with a gambling charge or gaming crime in the first degree, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of possession of gambling records in the second degree when, with knowledge of the contents thereof he possesses any writing, paper, instrument or articles of a kind commonly used:
(a) In the operation or promotion of a bookmaking scheme or enterprise; or
(b) In the operation, promotion or playing of a lottery or mutuel scheme or enterprise.
(2) It shall be a defense to any prosecution under this section that:
(a) The writing, paper, instrument, or article possessed by the defendant constituted, reflected, or represented bets of the defendant himself in a number not exceeding ten (10); or
(b) The writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise.
(3) Possession of gambling records in the second degree is a Class A misdemeanor.
If you’re facing this gambling charge or gaming charge, get in contact with a reputable bar certified gambling lawyer or gaming lawyer as soon as possible.
If you or someone you care about has been charged with a gambling charge or gaming crime in the second degree, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of permitting gambling when, having possession or control of premises which he knows are being used to advance gambling activity, he fails to halt or abate or attempt to halt or abate such use within a reasonable period of time.
(2) Permitting gambling is a Class B misdemeanor.
If you’re facing this gambling charge or gaming charge, get in contact with a reputable bar certified gambling lawyer or gaming lawyer as soon as possible.
If you or someone you care about has been charged with a gambling charge or gaming crime in Kentucky, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of possession of a gambling device when, with knowledge of the character thereof, he manufactures, sells, transports, places or possesses a gambling device or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of any gambling device, believing that it is to be used in the advancement of unlawful gambling activity.
(2) Possession of a gambling device is a Class A misdemeanor.
If you or someone you care about has been charged with a gambling charge or gaming crime in Kentucky, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
Promoting Gambling Charges
(1) A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:
(a) Engaging in bookmaking to the extent that he employs or utilizes three or more persons in a bookmaking activity and receives or accepts in any one day bets totaling more than $500; or
(b) Receiving in connection with a lottery or mutuel scheme or enterprise:
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- Money or written records from a person other than a player whose chances or plays are represented by such money or records; or
- More than $500 in any one day of money played in the scheme or enterprise; or
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(c) Setting up and operating a gambling device.
(2) Promoting gambling in the first degree is a Class D felony.
If you or someone you care about has been charged with a gambling charge or gaming crime in the first degree, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.
(2) Promoting gambling in the second degree is a Class A misdemeanor.
If you or someone you care about has been charged with a gambling charge or gaming crime in the second degree, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of conspiracy to promote gambling when he conspires to advance or profit from gambling activity.
(2) “”Conspire”” means to engage in activity constituting a criminal conspiracy as defined in KRS 506.040.
(3) Conspiracy to promote gambling is a Class D felony.
If you or someone you care about has been charged with a gambling charge or gaming crime in Kentucky, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
Rigging a Pari-Mutuel Horse Race Charges
(1) Any person who, either for himself or as agent or employee of another, wagers money or anything of value on a horse race run or about to be run or advertised, posted or reported as being run at any race track in or out of this state, or who engages in the occupation of receiving, making, transmitting or negotiating, either in person or by messenger, telephone or telegraph, wagers on horse races run or about to be run or advertised, posted or reported as being run or about to be run at any race track in or out of the state, shall, except in the case of wagers made within the enclosure of a race track licensed by the Kentucky Horse Racing Commission during an authorized race meeting at that track, or an enclosure during regular meetings in which running, trotting or pacing races are being conducted by associations regularly organized for that purpose, be guilty of a Class A misdemeanor.
(2) In any prosecution under subsection (1) of this section, the state need not prove that the horse race upon which the wager was placed was actually run. Proof that the wager was made upon what purported to be or what was advertised, reported or understood to be a horse race shall be sufficient to establish a prima facie case for the state.
If you or someone you care about has been charged with a gambling charge or gaming crime in Kentucky, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
(1) No person, as a business or for any compensation, shall, directly or indirectly, accept any thing of value to be wagered or to be transmitted or delivered for wager to any pari-mutuel wagering enterprise, or participate in any such transmission.
(2) As used herein, “person” shall mean and include any individual, partnership, association, joint stock association or trust, corporation, or other business entity, whether incorporated or not.
(3) Any person violating any of the provisions of this section shall be guilty of a Class A misdemeanor.
If you or someone you care about has been charged with a gambling charge or gaming crime in Kentucky, contact our reputable criminal defense lawyers or gambling charge or gaming lawyers as soon as possible by calling 859-636-6803.
Penalties in Gambling and Gaming Cases
Although the penalties for all crimes, along with gambling and gaming offenses, committed in the Commonwealth of Kentucky are subject to the results of the work from your criminal defense attorney during the trial, usually the state adheres to penalties and content detailed in each of the crimes’ individual statute in the Kentucky Revised Statutes as well as the Kentucky Sentencing Guidelines for most criminal convictions.
Each of these types of offenses are then divided into two and four classes, respectively. There are class A and class B misdemeanors and classes A through D felonies, plus a capital offense classification for crimes resulting in death, with the harshest punishments. For any of which, it is of utmost importance to work with a reputable gambling lawyer in your area to see to your case.
Misdemeanor
A misdemeanor is a crime punishable by less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a crime punishable by a misdemeanor are;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
- Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars
Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you need the best gambling attorney you can get. A competent gambling defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your gambling and gaming defense lawyer at the earliest.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).
It’s difficult facing offenses as serious as this alone, especially since these have long lasting consequences on a person’s life once convicted. Which is why hiring expert gambling defense attorneys is essential. Experienced gaming attorneys will know what to expect along with the best way to protect your rights, or avoid a conviction altogether.
Federal
Just like at the state or even county level, a non-violent crime can mean any type of offense not involving physical violence, and most often, drug offenses are classified under this. But besides drug offenses, non-violent crimes are also related to gambling, harassment,a kickback to a federal agent, property crimes, white-collar crimes, and more. Most non-violent offenses are handled by state law, but those that involve federal property and across states, like white-collar crimes and drug offenses, are placed under federal jurisdiction. Penalties for these crimes are wide ranging, with drug offenders facing years in prison, and white collar criminals only a light sentence in minimum security prisons. Nonetheless, cases can vary and you will need a criminal defense attorney with experience in the federal district court of Eastern and Western Districts of Kentucky.
You need an experienced criminal defense lawyer that specializes in gambling and gaming defense
All of our criminal gambling and gaming attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of gambling and gaming charges and gambling defenses and practice areas. We value the best interest of every client, above all, and with our insights about law, we can create new defense opportunities in your case, no matter how minor. When it comes to gambling and gaming offenses, you need gambling attorneys who will fight for your constitutional rights, and start by doing an evaluation of every evidence and detail of your case, no matter how inconsequential they may be.
Free Consultation & Case Review from our experienced gambling and gaming lawyers
At CIR Legal, our gaming attorney’s gambling defense services include offering free consultation and case review to potential clients or otherwise. Our gambling and gaming attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense and using all of our insights and resources. Call our law office at 859-636-6803 or fill out our form for a free consultation, no matter if it’s pm or am.
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Our promise to you is based on a simple principle – focus on your goals and achieve exceptional results. You have trusted us to represent your interests in one of the most important events in your life, and we will not let you down.
We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.
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