Every state has its own laws defining how an assault is classified. For example, some states call more serious forms of assault “aggravated assault.” Aggravated assault is often used to describe assault with a deadly weapon.
However, in Kentucky, “assault” is broken into four degrees. Each degree carries with it different types of punishment.
Degrees of Assault in Kentucky
- Assault in the First Degree – First-degree assault is a Class B felony in Kentucky. It occurs when a person uses a deadly weapon or a dangerous instrument to intentionally cause physical harm to another. First-degree felony charges can also occur when a person engages in activity that creates the risk of death to another person and causes them serious injury.
- Assault in the Second Degree – Second-degree assault is a Class C felony. It occurs when a person intentionally causes serious physical injury to another, or intentionally causes injury to another person with a deadly weapon or dangerous instrument.
- Assault in the Third Degree – Third-degree assault is a Class D felony. It is reserved for situations in which a person intentionally causes or attempts to cause injury to certain officers or government employees (i.e., police officers, corrections officers, firefighters, transportation officers, etc.).
- Assault in the Fourth Degree – Fourth-degree assault is a Class A misdemeanor. It occurs when a person intentionally causes injury to another or recklessly causes injury or harm to another person with a deadly weapon or dangerous instrument.
Other Considerations in Determining Assault Charges
Punishments for assault charges can be more severe if the victim is a family member. The number of previous charges and the period of time over which the charges occur can also have an impact on whether an assault charge is a misdemeanor or a felony.
The emotional state of the person charged with the assault might also affect the severity of punishment. Assault committed under “extreme emotional disturbance” might be considered a Class B misdemeanor, whereas the same act might be considered a Class D felony otherwise.
The punishment a person faces for felony charges is also highly dependent on the existence of a criminal record or other charges that might be combined with the initial charge. For example, a person with no criminal record who is charged only with assault in the fourth degree may be treated differently than a person who has prior offenses and is illegally carrying a concealed weapon at the time of their arrest.
There are many other types of charges that a person accused of violence or threatening behavior against another person might face that are somewhat similar to assault charges. “Menacing,” for example, occurs when a person places another in “reasonable apprehension of imminent physical injury.” “Abuse” is a term used for one who is violent toward or mistreats someone they have custody over.
The charges against a person will depend on the act itself, the intention of the accused and the relationship to the victim, among other factors. As you can see, the lines between the different degrees of assault can be blurry. A skilled criminal defense attorney will look at a number of factors to find ways to reduce the charge against their client. This is one of the many ways that a defense attorney can help their clients before a trial.
If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.