“I threw one punch, and I’m facing a felony? Well, that must have been a strong punch, or you have training in combat or the martial arts, and the prosecution considers this knowledge as a “deadly weapon.” If a fight results in “serious injury or physical harm to another person” the person responsible for those injuries will almost always face felony assault charges. Kentucky law recognizes that a body part, such as a hand, knee, or foot, is a deadly weapon if the body part was used to inflict severe injury on a victim or if the blow renders the victim unconscious.
Here in Kentucky, an intentional assault with a deadly weapon or “dangerous instrument,” or the injury of another person in a reckless “wantonly” fashion that results in a risk of loss of life is considered to be first-degree assault. First-degree assault is a Class B felony, carrying the risk of a prison sentence of 10 to 20 years, a fine of between $1,000 and $10,000, and any restitution the Court assesses on behalf of the alleged victim.
If you threw one punch and it resulted in serious injury, or if a “dangerous instrument” or “deadly weapon” was used in the attack (in this alleged case, a body part) the matter is often charged as second-degree assault, a Class C felony, carrying the risk of a prison (or county jail) sentence of 5 to 10 years, a fine of $1,000 to $10,000 and any restitution ordered by the Court.
If the punch was thrown at a public servant such as a peace officer, parole officer, emergency worker, or other qualifying public servant, it may result in third-degree assault charges carrying a penalty of 1 to 5 years in prison and fines.
Even a fourth-degree assault charge carries the risk of a jail sentence of up to one year.
“I threw one punch, and I’m facing a felony?” It’s entirely possible in Kentucky. My name is John Schmidt, and after more than 25 years of service to Shepherdsville, Bullitt County, and the surrounding communities and counties in Kentucky, I can tell you assault charges will be a serious matter. You need the advice and counsel of an experienced, proven criminal defense attorney.
Unfortunately, being in the wrong place at the wrong time or what the other person might have contributed to the situation may not matter. However, there are many valid defenses for an assault charge, such as acting in self-defense, accidental contact, defending your property or others, or even mistaken identity. An aggressive criminal defense looks into the actions of the officer(s), investigators, evidence technicians, and other law enforcement personnel at every step in the process. We can challenge the evidence, how it was collected, and its relevance. I will work to present evidence to lessen the charges you will face or mitigate the consequences altogether.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 25 years of experience to your side of the equation, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.