Kentucky Law on Assault

Assault is a serious crime in Kentucky, and the penalties can be severe. If you have been charged with assault, it is important to speak with an experienced criminal defense attorney as soon as possible.

What is Assault?

Assault is defined as intentionally, knowingly, recklessly, or with criminal negligence causing bodily injury to another person. Bodily injury is defined as any physical pain, illness, or any impairment of physical condition.

Types of Assault

There are four degrees of assault in Kentucky, each with its own set of penalties.

• Assault in the First Degree is the most serious type of assault. It is a Class B felony, punishable by up to 20 years in prison and a fine of up to $10,000. Assault in the First Degree is committed when a person intentionally causes serious physical injury to another person with a deadly weapon or dangerous instrument, or when a person exhibits extreme indifference to the value of human life by wantonly engaging in conduct that creates a grave risk of death to another person, causing serious physical injury to them.

• Assault in the Second Degree is a Class C felony, punishable by up to 10 years in prison and a fine of up to $10,000. Assault in the Second Degree is committed when a person intentionally causes physical injury to another person with a deadly weapon or dangerous instrument, or when a person intentionally causes serious physical injury to another person.

• Assault in the Third Degree is a Class D felony, punishable by up to five years in prison and a fine of up to $10,000. Assault in the Third Degree is committed when a person intentionally causes physical injury to a peace officer or other public servant while the officer or public servant is engaged in the performance of their official duties.

• Assault in the Fourth Degree is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $500. Assault in the Fourth Degree is committed when a person intentionally or wantonly causes physical injury to another person, or when a person recklessly causes physical injury to another person with a deadly weapon or dangerous instrument.

Defenses to Assault

There are a number of defenses that may be available to a person charged with assault. Some of the most common defenses include:

• Self-Defense. A person is justified in using force against another person if they reasonably believe that the force is necessary to defend themselves from an imminent threat of unlawful and immediate violence.

• Defense of Others. A person is justified in using force against another person to defend another person from an imminent threat of unlawful and immediate violence.

• Defense of Property. A person is justified in using force against another person to protect their own property from unlawful and immediate harm.

• Intoxication. A person may be able to raise the defense of intoxication if they were so intoxicated that they did not have the capacity to form the intent to commit assault.

• Mental Illness. A person may be able to raise the defense of mental illness if they were suffering from a mental illness that prevented them from forming the intent to commit assault.

If You Have Been Charged with Assault

If you have been charged with assault, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you, the potential penalties, and your legal options. An attorney can also represent you in court and fight to protect your rights.