Kentucky Assault Crimes
In Kentucky, assault can be generally defined as the act of intentionally injuring another person. There are four degrees of assault in Kentucky, with a wide range of penalties between them. There are two main factors considered when determining the degree of assault – (1) the severity of the injury and (2) whether a weapon was used to commit the assault. Battery is listed as a sub-category of assault in Kentucky, along with aggravated assault, simple or sexual assault, intimidation, and more. (Harassment and unlawful imprisonment are not the same as assault under Kentucky Law). It is considered both a tort and a crime, meaning there may be criminal and civil penalties, including punitive damages. There are types of battery: sexual battery, simple battery, domestic battery, and lastly, aggravated battery.
If there is a serious physical injury, the assault will be charged as a felony. “Serious physical injury” is defined as an injury that creates a substantial risk of death or causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
Below, we will outline general guidelines for determining the degree of Assault in Kentucky. Please understand many factors and scenarios could unfold. Generally speaking, the degree of assault is best understood by starting with the type of injury sustained.
If the injuries caused were not serious:
- If the serious physical injury was caused in an assault with a deadly weapon or instrument, or by wanton activity, it is Assault in the First Degree.
- If the serious physical injury was not caused by wanton activity or a deadly weapon, it is Assault in the Second Degree.
If the injury caused was not serious:
- If the physical injury was intentionally caused by a deadly weapon or wanton activity, it is Assault in the Second Degree.
- If the physical injury was recklessly caused by a deadly weapon or instrument and the victim is a government employee or other person described in KRS 508.025(1)(a), it is Assault in the Third Degree.
- If the physical injury was recklessly caused by a deadly weapon or instrument and the victim is not listed in KRS 508.025(1)(a), it is Assault in the Fourth Degree.
- If the physical injury was intentionally or wantonly caused and no deadly weapon or instrument was used, it is Assault in the Fourth Degree.
In Kentucky, assault is always illegal. Depending on the degree, it can be a felony or misdemeanor.
- Assault in the First Degree is a Class B Felony.
- Assault in the Second Degree is a Class C Felony.
- Assault in the Third Degree can be charged as either a Class B Misdemeanor, Class A Misdemeanor or Class D Felony in Kentucky.
- Assault in the Fourth Degree is a Class A Misdemeanor.
The most common defenses in assault cases in Kentucky are self-defense, defense of property, and mistaken identity.
The best attorneys will help you fight against your felony or misdemeanor assault charges by first protecting your rights, searching for exculpatory evidence on your behalf, and negotiating with the prosecuting attorney.
Get Your Free Consultation Now
Our skilled criminal defense attorneys and legal counsel are always prepared to fight in your defense and protect your rights and freedom. With three attorneys from our law firm working on your case, we see that no stone is left unturned. Our assault defense attorneys stay current on the latest court decisions that can help you have what it takes to beat your criminal charges.
It is important that the prosecutors know that you have attorneys who won’t back down. Walk into the courtroom with attorneys with a proven track record of success, who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.
Have you been charged with assault?
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 assault, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Before talking to the police, call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
What are the penalties and punishments for First Degree Assault in Kentucky?
Assault in the First Degree is a Class B felony in Kentucky and carries a sentence of 10 – 20 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties and punishments for Second Degree Assault in Kentucky?
Assault in the Second Degree is Class C felony in Kentucky and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties and punishments for Third Degree Assault in Kentucky?
Assault in the Third Degree can be charged as either a Class B misdemeanor, Class A misdemeanor or Class D felony in Kentucky and carries a sentence of 0 days in jail to 5 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties and punishments for Fourth Degree Assault in Kentucky?
Assault in the Fourth Degree is Class A misdemeanor in Kentucky and carries a sentence of 0 days – 12 months in jail. It can also carry a fine of up to $500.00.
You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your assault charges.
When it comes to assault, you need an attorney at law who will fight for and assert your constitutional rights. Oftentimes, assault charges are overcharged as causing serious physical injury when no such injury exists or stems from an occurrence when the individual acted in self-defense. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks for your best defense!
Free Consultation & Case Review from our criminal defense lawyers.
CIR Legal’s criminal defense attorney and battery plaintiff attorney services include offering a free consultation and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. If you’ve been sexually assaulted, you deserve justice. Call our law office at 859-636-6803 so we can provide an aggressive defense for you, or fill out our form on this website to schedule your free consultation.
Want to know more? We have included Kentucky assault laws below.
(1) A person is guilty of assault in the first degree when:
(a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.
(2) Assault in the first degree is a Class B felony.
If you or someone you care about has been filed with an assault charge in Kentucky, contact our reputable criminal defense lawyers or assault lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of assault in the second degree when:
(a) He intentionally causes serious physical injury to another person; or
(b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the second degree is a Class C felony.
If you or someone you care about has been filed with an assault charge in Kentucky, contact our reputable criminal defense lawyers or assault lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of assault in the third degree when the actor:
(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to:
-
-
- A state, county, city, or federal peace officer;
- An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender;
- An employee of the Department for Community Based Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job-related duties;
- Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the event occurs while personnel are performing job-related duties;
- A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job-related duties;
- Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing job-related duties;
- A probation and parole officer;
- A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties;
- A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee’s employment; or
- A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person’s volunteer service for the school or school district;
-
(b) Being a person confined in a detention facility, or a juvenile in a state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender, inflicts physical injury upon or throws or causes feces, or urine, or other bodily fluid to be thrown upon an employee of the facility; or
(c) Intentionally causes a person, whom the actor knows or reasonably should know to be a peace officer discharging official duties, to come into contact with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the consent of the peace officer.
(2) (a) For violations of subsection (1)(a) and (b) of this section, assault in the third degree is a Class D felony.
(b) For violations of subsection (1)(c) of this section, assault in the third degree is a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood, seminal fluid, urine, or feces from an adult who knows that he or she has a serious communicable disease and competent medical or epidemiological evidence demonstrates that the specific type of contact caused by the actor is likely to cause transmission of the disease or condition, in which case it is a Class A misdemeanor.
(c) As used in paragraph (b) of this subsection, “”serious communicable disease”” means a non-airborne disease that is transmitted from person to person and determined to have significant, long-term consequences on the physical health or life activities of the person infected.
Assault in the third degree can also be referred to, simply, as Assault on a Police Officer. To know more about this particular crime, its penalties, and possible defenses a skilled criminal defense lawyer can use for it, visit our Assault on a Police Office page here.
(1) A person is guilty of assault in the fourth degree when:
(a) He intentionally or wantonly causes physical injury to another person; or
(b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the fourth degree is a Class A misdemeanor.
If you or someone you care about has been filed with an assault charge in Kentucky, contact our reputable criminal defense lawyers or assault lawyers as soon as possible by calling 859-636-6803.
(1) If a person commits a third or subsequent offense of assault in the fourth degree under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor. The victim in the second or subsequent offense is not required to be the same person who was assaulted in the prior offenses in order for the provisions of this section to apply.
(2) In determining the five (5) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered by a court of competent jurisdiction.
If you or someone you care about has been filed with an assault charge in Kentucky, contact our reputable criminal defense lawyers or assault lawyers as soon as possible by calling 859-636-6803.
Federal Animal Cruelty Crimes
The federal government has its own laws regarding assault. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.
Most assault offenses are handled by the Commonwealth, but if you are alleged to have assaulted someone on federal land, assaulted a federal official or assaulted someone on an airplane, you could be charged with a violation of federal law and tried in federal court.
There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.
Federal crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal assault charges have been filed against you, you need to call a trusted criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s assault crime charges is the first step to building your defense and protecting your freedom.
Get Real Help By Calling 859-636-6803
CIR LEGAL
Our Promise To You
|
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.
We promise to always advocate for you and your interests. No matter what issue you’re facing – you’ll always have a team of attorneys in your corner ready to fight for you.
