Penalties for Assault with a Deadly Weapon in Kentucky

Schmidt Penalties for Assault with a Deadly Weapon in Kentucky

What are the penalties for assault with a deadly weapon in Kentucky?  What are the best strategies an experienced criminal defense attorney will use to defend those who are accused of assault in Shepherdsville, Bullitt County, or the surrounding communities?

My name is John Schmidt, and after more than 25 years of experience as a criminal defense attorney based in Shepherdsville, I can tell you these are serious potential charges. You need a lawyer to protect your rights and mount a substantial criminal defense.  The risks are quite high for those charged with assault with a deadly weapon in Kentucky.  Here in the Commonwealth, assault charges are based upon the seriousness of inflicted wounds, the nature of the encounter between the alleged victim and the accused, as well as the presence or use of any weapon or “dangerous instrument.”

Most people understand that a weapon can include a gun, knife, bomb, or even a blackjack or nunchakus or nunchaku.  Did you realize a person’s fist, leg, knee, foot, or even head can be considered to be a deadly weapon under Kentucky law?  These also apply to the definition of a dangerous instrument when they are used to inflict “serious physical injury.”  If one intends to cause a serious injury through the use of a deadly weapon or dangerous instrument, the charges are usually first-degree assault, carrying a substantial fine, and a potential prison sentence of 10 to 20 years.  In some circumstances, the charges may be based upon or reduced to second-degree assault, carrying a slightly lower fine and potential prison sentence of 5 to 10 years.

The penalties for assault with a deadly weapon might be a third-degree assault if injury occurs to specific “public servants” such as EMTs, law enforcement officers, or even parole officers.  Third-degree assault consequences include a fine and a prison sentence of 1 to 5 years.  

Do you have to inflict injuries to face assault charges in Kentucky?  No, and this is especially true in cases involving threats or reckless behavior in the presence of a weapon or dangerous instrument.

How can an experienced, effective criminal defense lawyer make a real difference in your case?  I can investigate and challenge the actions of others associated with the incident itself, as well as law enforcement, evidence collection technicians, witnesses, and medical records. Assault charges require some intent to cause harm, and the absence of intent can result in the reduction of criminal charges or dismissal of the case.  A physical response or display of a weapon can be justified that a danger existed and the level of force applied in the case was reasonable or in some manner justified.

What are the penalties for assault with a deadly weapon in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown, or Louisville, Kentucky?  How can we help you reduce the charges and consequences you face or resolve the matter 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, manage the situation you face and the allegations against you, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.