Assault

Are There Different Types of Misdemeanor Assault?

Yes. In Kentucky, there are four different categories of assault, including first-degree, second-degree, third-degree, and fourth-degree assault. Fourth-degree assault is the least serious assault category, and it is often referred to as misdemeanor assault.

Pursuant to Kentucky Revised Statutes Ann. § 508.030, misdemeanor assault occurs when a person physically injures another person without legal justification. Misdemeanor assault may occur in any of the following ways:

• Intentional: Intentionally causing physical injury, substantial physical pain, or any physical impairment on another person.
• Wanton: Wantonly causing physical injury or acting in a certain way that would cause a physical injury to another person without provocation.
• Reckless: Recklessly causing physical injury to another person by using a deadly weapon (gun) or dangerous instrument. For instance, hurling a bottle at someone’s head.

Other Degrees of Assault

First-Degree Assault

Pursuant to Kentucky Revised Statutes § 508.010, a person is guilty of assault in the first degree when:

• He or she intentionally causes serious physical injury to another person using a deadly weapon or dangerous instrument.
• He or she wantonly engages in an act that creates a serious risk of death to another person, thereby causing serious physical injury to the person.

Second-Degree Assault

According to Kentucky Revised Statutes § 508.020, a person is guilty of assault in the second degree when:

• He or she intentionally causes serious physical injury to another person.
• He or she intentionally causes physical injury to another person using a deadly weapon or dangerous instrument.
• He or she wantonly causes serious physical injury to another person using a deadly weapon or dangerous instrument.

Third-Degree Assault

Pursuant to Kentucky Revised Statutes § 508.025, a person is guilty of assault in the third degree when, using a deadly weapon or dangerous instrument, a person recklessly causes or attempts to cause physical injury to:

• A county, city, state, or federal peace officer
• An employee of a detention facility
• An employee of the Department for Community Based Services
• A paid or volunteer emergency medical services personnel
• A paid or volunteer member of an organized fire department
• A probation and parole officer

Possible Penalties for Assault in Kentucky

The legal ramifications of being convicted on assault charges can vary depending on the exact circumstances of each case. Generally speaking, the possible penalties for assault charges in Kentucky include:

First-Degree Assault Penalties

• Charge: Class B felony
• Fines: From $1,000 to $10,000
• Jail Time: Between 10 and 20 years

Second-Degree Assault Penalties

• Charge: Class C felony
• Fines: From $1,000 to $10,000
• Jail Time: Between 5 and 10 years

Third-Degree Assault Penalties

• Charge: Class D felony
• Fines: From $1,000 to $10,000
• Jail Time: Between 1 and 5 years

Fourth-Degree Assault Penalties

• Charge: Class A misdemeanor
• Fines: Up to $500
• Jail Time: No more than 12 months (or probation of up to 2 years)

Possible Legal Defenses for Assault Charges

Possible defenses for assault and battery charges in Kentucky include:

• Self-defense
• Accidental contact
• Acting in defense of property
• Acting in defense of others
• Lack of malice
• Mistaken identity
• Performance of duty (i.e., security guard’s job)
• Consent (i.e., playing sports)

Work with an Experienced Assault Defense Attorney in Shepherdsville, Kentucky

Defending your assault charges on your own could increase your risk of conviction and facing the maximum punishment for your crimes. If convicted, you could be facing severe consequences, including lengthy prison sentences, hefty fines, and a lasting criminal record. Therefore, it is important to retain a knowledgeable Kentucky criminal defense attorney who can protect your rights and can outline a strong defense strategy for your case.

At the Law Offices of John Schmidt & Associates, our attorneys have years of service dedicated to providing aggressive legal counsel and representation for a wide range of assault cases. As experienced criminal defense attorneys, we can offer you the comprehensive legal guidance you need to navigate the Kentucky criminal justice system. Our team will investigate every last detail of your case, outline an effective defense strategy, and fight hard to protect your rights and pursue the best possible outcome for your situation.

EXPERIENCED ASSAULT DEFENSE ATTORNEY SERVING SHEPHERDSVILLE, KENTUCKY

If you are facing assault charges, don’t face them alone. Contact the Law Offices of John Schmidt & Associates today to schedule a one-on-one case assessment. Our experienced criminal defense attorneys can fight aggressively on your side and offer you the comprehensive legal counsel and strong representation you need. We proudly represent clients throughout Shepherdsville, Louisville, Elizabethtown, and Jeffersontown, Kentucky.