Assault, sometimes called assault and battery, can be a felony or misdemeanor offense in Kentucky. An assault charge can serve as the basis for protective orders in family law cases and may result in an extensive prison sentence upon conviction. This makes it critical to consult an experienced criminal defense attorney when facing charges.
Kentucky defines assault as intentionally or “wantonly” causing physical harm, which differs from some states where assault does not require physical contact. The state also classifies assault depending on the intent and whether a weapon was used. A Covington assault lawyer at Ernst & Associates can explain the degrees of assault and work with you to build a strong legal defense.
What Are the Degrees of Assault?
Under Kentucky Revised Statutes § 508, the state divides assault into four degrees. Classifications depend on the offender’s intent, whether a weapon was used, and the severity of the injuries. In some cases, the identity of the victim may also affect the degree of the offense. The degrees include:
- Assault in the first degree: This Class B felony occurs when the offender uses a deadly weapon, and the victim suffers serious physical injury. It can also be a lesser included offense when the offender shows “extreme indifference to human life”
- Assault in the second degree: This Class C felony involves intentionally causing serious injury with a deadly weapon or wantonly causing injury with a weapon
- Assault in the third degree: This Class D felony involves a physical attack on certain protected public servants, such as law enforcement officers or teachers
- Assault in the fourth degree: This Class A misdemeanor arises from intentionally or wantonly causing injury without a weapon or recklessly causing injury with a deadly weapon
“Wantonly” refers to being aware of a substantial risk and consciously disregarding it. “Recklessness” involves failing to recognize a serious risk that a reasonable person would have noticed. An assault lawyer in Covington can help you understand these distinctions and how they may affect your case.
How an Attorney Can Help Defend Against Assault Charges
Kentucky allows the use of reasonable force to defend yourself and others, provided you are in a place you are legally allowed to be. Assault also requires intent or wanton disregard for the safety of others. For example, if a person becomes involved in a fight after being attacked first, they are not committing assault if they reasonably defend themselves.
Assault cases often hinge on witness testimony. A Covington assault defense attorney can locate witnesses to testify on the accused’s behalf and explain what occurred before the incident. A lawyer may also negotiate with the prosecutor for a plea agreement and work with the court to pursue alternative sentencing and probation terms.
Contact a Covington Attorney to Fight Assault Charges
The attorneys at Ernst & Associates have more than 60 years of experience defending criminal cases before courts in Kentucky and Ohio. We can work with you to develop a strong defense strategy and present your case to help secure the best possible outcome.
If you have been charged with criminal assault, a Covington assault lawyer from our firm will help you navigate the process and face the prosecutor and judge. Call us today to schedule a free, confidential consultation.