Assault Charges in Lexington KY
Lexington KY Criminal Defense Attorney Breck Norment offers free consultations for assault charges and other criminal charges
There are several different degrees of assault in Kentucky. Here is a brief summary of the various assault charges in KY, the potential punishment (jail time) for each, and the elements of proof required for each:
Assault in the first degree
Penalty - Class B felony, 10-20 years in jail
Elements of proof - Intentionally causing serious physical injury to another person with a deadly weapon or dangerous instrument - OR - wantonly creating a grave risk of death to another with an extreme indifference to the value of human life (and thereby causing serious physical injury to another person). Ky. Rev. Stat. 508.010.
Assault in the second degree
Penalty - Class C felony, 5-10 years in jail
Elements of proof - Intentionally causing serious physical injury to another person - OR - intentionally causing physical injury to another person with a deadly weapon or dangerous instrument - OR - wantonly causing serious physical injury to another person with a deadly weapon or a dangerous instrument. Ky. Rev. Stat. 508.020.
Assault in the third degree
Penalty - Class D felony, 1-5 years in jail
Elements of proof - Recklessly (with a dangerous instrument or deadly weapon) or intentionally causing or attempting to cause physical injury to various individuals listed in KRS 508.025(1)(a). Ky. Rev. Stat. 508.025.
Assault in the fourth degree
Penalty - Class A Misdemeanor, up to 12 months (1 year) in jail
Elements of proof - Intentionally or wantonly causing physical injury to another person - OR - recklessly causing physical injury to another person with a deadly weapon or dangerous instrument. Ky. Rev. Stat. 508.030.
Keep in mind your penalty can be enhanced (longer jail sentence) if you commit multiple offenses in certain circumstances. For example, if you commit three or more fourth degree assaults within a five year period against a family member or member of an unmarried couple, then you may be charged with a Class D felony. Ky. Rev. Stat. 508.032.
Likewise, depending on your circumstances, you may qualify for claiming you only committed the assault under "extreme emotional disturbance." If your case lends itself to this defense, you could reduce your charge and potential jail time. For example, if you were charged with assault in the first or second degree but committed the offense under "extreme emotional disturbance," you could get your sentence reduced to a Class D felony which carries much less jail time. Ky. Rev. Stat. 508.040.
If you face assault charges, you deserve a hard-working criminal defense attorney who will defend your rights. Criminal defense lawyer Breck Norment will take your case seriously and do his best to minimize your legal consequences. He will build your case by contacting witnesses, gathering evidence, and ensuring the prosecution is held to the highest burden of proof - proof beyond a reasonable doubt.
If you, or a loved one, face assault or other criminal charges in Kentucky (or in the Lexington area in particular), call Lexington KY criminal defense attorney Breck Norment for a free consultation. You can reach him by cell at 859-303-6007.
Assault in the first degree
Penalty - Class B felony, 10-20 years in jail
Elements of proof - Intentionally causing serious physical injury to another person with a deadly weapon or dangerous instrument - OR - wantonly creating a grave risk of death to another with an extreme indifference to the value of human life (and thereby causing serious physical injury to another person). Ky. Rev. Stat. 508.010.
Assault in the second degree
Penalty - Class C felony, 5-10 years in jail
Elements of proof - Intentionally causing serious physical injury to another person - OR - intentionally causing physical injury to another person with a deadly weapon or dangerous instrument - OR - wantonly causing serious physical injury to another person with a deadly weapon or a dangerous instrument. Ky. Rev. Stat. 508.020.
Assault in the third degree
Penalty - Class D felony, 1-5 years in jail
Elements of proof - Recklessly (with a dangerous instrument or deadly weapon) or intentionally causing or attempting to cause physical injury to various individuals listed in KRS 508.025(1)(a). Ky. Rev. Stat. 508.025.
Assault in the fourth degree
Penalty - Class A Misdemeanor, up to 12 months (1 year) in jail
Elements of proof - Intentionally or wantonly causing physical injury to another person - OR - recklessly causing physical injury to another person with a deadly weapon or dangerous instrument. Ky. Rev. Stat. 508.030.
Keep in mind your penalty can be enhanced (longer jail sentence) if you commit multiple offenses in certain circumstances. For example, if you commit three or more fourth degree assaults within a five year period against a family member or member of an unmarried couple, then you may be charged with a Class D felony. Ky. Rev. Stat. 508.032.
Likewise, depending on your circumstances, you may qualify for claiming you only committed the assault under "extreme emotional disturbance." If your case lends itself to this defense, you could reduce your charge and potential jail time. For example, if you were charged with assault in the first or second degree but committed the offense under "extreme emotional disturbance," you could get your sentence reduced to a Class D felony which carries much less jail time. Ky. Rev. Stat. 508.040.
If you face assault charges, you deserve a hard-working criminal defense attorney who will defend your rights. Criminal defense lawyer Breck Norment will take your case seriously and do his best to minimize your legal consequences. He will build your case by contacting witnesses, gathering evidence, and ensuring the prosecution is held to the highest burden of proof - proof beyond a reasonable doubt.
If you, or a loved one, face assault or other criminal charges in Kentucky (or in the Lexington area in particular), call Lexington KY criminal defense attorney Breck Norment for a free consultation. You can reach him by cell at 859-303-6007.