Criminal defense for assault in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown, or Louisville, Kentucky requires experience and legal skill. The successful defense of any assault-related charge will depend upon a variety of factors, including, but not limited to:
- the specific facts associated with the alleged assault, including the statements of witnesses
- the severity of “physical injury”
- the use of a “dangerous instrument” or a “deadly weapon”
- intent or premeditation
- prior offenses for violent crimes
Assault in Kentucky doesn’t actually have to result in injury; however, the extent of injury will significantly impact the seriousness of the resulting charges. For example, if a confrontation with a deadly weapon is used, or an attempt is made to cause injury to a teacher, emergency healthcare provider or emergency medical services personnel, a police officer, firefighter, teacher, or any other protected group under the Kentucky assault statute the result can be a Class “D” Felony (“C” if an emergency has been declared) as an assault in the 3rd degree.
If the injuries resulting from allegedly purposeful actions are considered to be severe and result in some form of permanent impairment, or if the serious injuries were the result of a weapon, the prosecution may seek 2nd-degree assault charges carrying a minimum of 5 years and up to 10 years in prison as well as a fine of at least $1,000 and up to $10,000.
If the result of the altercation is serious injury, disfiguration or the risk of fatality, 1st degree assault charges can carry up to 20 years in prison (no less than 10 years) and a minimum fine of $1,000 (up to $10,000). Even an unsuccessful attempt that could have caused serious injury or the loss of life carries a sentence of up to 10 years in prison and a $10,000 fine.
Charges of Assault Aren’t Based on Your “Intentions” or Resulting “Harm”
You need experienced criminal defense for assault in Kentucky even if you didn’t intend to do any harm to the alleged victim(s). If you take an intentional action that causes injury to someone else, you can face misdemeanor assault charges (4th degree assault) carrying up to 12 months in jail and a $500 fine. If you had a “dangerous instrument” or “deadly weapon” and someone is injured it won’t matter what your intentions were. The recklessness associated with a weapon is enough to seek conviction.
This is why it is so essential to hire an experienced criminal defense attorney if you are under investigation for facing criminal assault charges in Jefferson, Bullitt, Hardin, Spencer, Shelby or Oldham county in Kentucky. My name is John Schmidt, and after more than 25 years of experience defending the rights of those facing criminal offenses, I can tell you there are many valid defenses to assault charges.
Self-defense is the most common successful defense for Kentucky assault charges. The prosecutor must prove beyond a reasonable doubt that you did not act justly or prudently in self-defense. “Intent” is always a crucial issue in assault crimes. The critical legal question in your case may center upon whether your actions were intentional, reckless, reasonable, or simply negligence.
The Law Offices of John Schmidt & Associates PLLC can mount a strong defense in assault cases. We can challenge all medical records, the diagnosis and testimony of medical professionals as well as the physical evidence to prove the injuries did not constitute or warrant serious assault charges. Our work challenges every aspect of the investigation, evidence collection, the actions of law enforcement, witness testimony as well as the evidence itself. We work to not only make an impact on the actual charges in your case, but the consequences you will face if the matter proceeds to trial.
If you are searching for experienced criminal defense for assault in Kentucky throughout the greater Louisville region 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.
