Assault: Different Degrees Of This Crime

One of the most commonly charged violent crimes in Kentucky is assault. If convicted of assault in Kentucky, you risk facing severe consequences, including spending up to 20 years in jail. Usually, the consequences a person faces for an assault crime in Kentucky depend on which degree the assault crime they have been convicted for falls under. However, if you currently stand charged with assault in Kentucky, it is crucial that you speak to a skilled criminal defense attorney regardless of which degree the assault crime you are being accused of committing falls under. Remember, even if the assault crime you are being accused of committing is the least serious of all assault crimes, a conviction can negatively affect your life in ways that go beyond jail terms and fines.

What Is Assault?

In general terms, assault occurs when an individual physically injures, or in some cases, attempts to injure another individual without legal justification. In Kentucky, there are four different degrees of the crime of assault.

Assault in the Fourth Degree

Assault in the fourth degree is a Class A misdemeanor. An individual commits assault in the fourth degree when;

1. they wantonly or intentionally cause physical injury to another individual; or
2. with recklessness, they cause physical injury to another individual using a deadly weapon or dangerous instrument.

This crime is punishable with a maximum of one year prison term and a $500 fine.

Assault in the Third Degree

An individual is guilty of committing this Class D felony when they recklessly or intentionally cause or attempt to cause physical injury to a protected individual under the statute such as a parole or probation officer with a deadly instrument.

This offense is punishable by a jail term of not less than one year but not more than five years and a fine of not less than $1,000 but not more than $10,000.

Assault in the Second Degree

An individual is guilty of this Class C felony when they;

1. intentionally cause serious physical injury; or
2. wantonly cause serious physical injury to another individual using a deadly weapon or dangerous instrument; or
3. intentionally cause physical injury to another individual using a deadly weapon or dangerous instrument.

This criminal offense is punishable by a jail term of not less than 5 years but not more than 10 years and a fine of not less than $1,000 but not more than $10,000.

Assault in the First Degree

In Kentucky, an assault crime of the first degree is a Class B felony. This is the most serious of all assault crimes. These include cases where an individual;

1. intentionally cause significant physical injury to another individual using a deadly weapon or dangerous instrument; or
2. show extreme indifference to the value of human life, wantonly engage in behavior that exposes another to the risk of death and thereby causes serious physical injury to another individual.

This criminal offense is punishable by not less than 10 years and up to 20 years in jail, and a fine of not less than $1,000 but not more than $10,000.

Contact a London Criminal Defense Attorney

A London criminal defense attorney at Cessna & George Law Firm can build a strong defense for your assault case and protect your rights. Contact us today to discuss your case.

Resource:

apps.legislature.ky.gov/law/statutes/statute.aspx?id=19730