Lexington Assault Defense Lawyer
If you are facing assault charges in Lexington, Kentucky, the threat of possible legal repercussions can be frightening. At Oakley & Oakley, LLC, I will fight to protect your constitutional rights. Call me, Jay Oakley, a Lexington assault defense lawyer, at . An assault conviction can devastate both your personal and professional life. If you want to protect your future, you need me on your side. Contact my law office to schedule a free consultation today.
Why Hire Oakley & Oakley, LLC, To Defend Against An Assault Charge?
At Oakley & Oakley, LLC, I take assault charges very seriously. I examine your case thoroughly and consider possible defenses from a number of different angles. The details and variables involved in assault cases offer me an opportunity to design a strong defense strategy based on the many different options available. Your mental state, who was injured, the weapon used, whether it was self-defense and many other aspects are important to your defense. As a criminal defense lawyer in Lexington, I have seen everything. I know what to look for, and I leave no stone unturned in seeking any and all evidence available to exonerate you. I am skilled when it comes to working to get you the best possible outcome in your situation, whether that is dropped charges, reduced charges, a plea deal or a reduction in sentence. If you have been accused of assault and battery in Lexington, I can help. I am well-known for my aggressive approach to criminal cases and willingness to go toe-to-toe with prosecutors. I do not back down. I am relentless in my pursuit of the best possible outcome for my clients – every client, every time. Contact my firm today to learn how I can help you.
What Constitutes Assault?
In Kentucky, assault is a deliberate act that causes harm to another individual. Even just an attempt to cause harm can also be considered assault. Assault may be intentional or wanton. Intentional assault is when a person’s objective is to engage in the act of harming another or to bring about such a result. An accident is not intentional conduct. While assaulting someone in self-defense is intentional conduct, the law recognizes it as a complete defense to an assault charge. Wanton conduct occurs when a person disregards a substantial or unjustifiable risk that harm will occur. The risk involved in wanton conduct must be significant enough that ignoring it would constitute a substantial departure from what a reasonable person would have done in a similar situation.
What Are the Penalties For Assault In Kentucky?
Assault charges are divided into four distinct penalty categories. Each level carries varying penalties, depending on severity:
Fourth-Degree Assault
According to Kentucky law, causing deliberate physical injury to another person is considered a fourth-degree assault. This is the least damaging criminal assault offense; injuries do not have to be sustained by the person making the accusation for the client to face charges. Fourth-degree assault is a Class A misdemeanor. If you are convicted of fourth-degree assault, you will be facing up to a $500 fine and 12 months in jail. There is an exception for those who commit subsequent fourth-degree assault crimes. These individuals can be charged a $1,000 to $10,000 fine, have charges upped to a felony and spend from one to five years in prison.
Have a Question?
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Do I Need a Criminal Defense Lawyer if I Shoot Someone Who Breaks Into My House?
If someone breaks into your home, the use of deadly force could be justifiable under Kentucky’s self-defense laws and the Castle Doctrine. However, there are exceptions in which the use of deadly force could result in an arrest for assault, homicide, or manslaughter.
It is wise to understand your legal rights to avoid a weapons charge or murder charge, especially if you own a gun to protect yourself and your family from intruders.
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What is Probable Cause?
Probable cause is a legal term that is often misunderstood. Law enforcement must have probable cause to believe you committed a crime before they search or arrest someone.
Probable cause is a particular and reasonable belief that an individual is:
- committing a crime,
- has committed a crime or
- is about to commit a crime.
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How Your Criminal History Could Affect Your Current Case
Your prior brushes with the law can have an enormous influence on your life. Once you pay your fines or serve jail time, you will likely have to face the additional collateral consequences of your conviction. Having a criminal conviction can prevent you from getting desirable jobs and living where you would like. What’s worse, your criminal history can influence a prosecutor’s decisions about new charges and can result in harsher punishments for subsequent convictions. If you have legal questions about a current criminal case, seek the advice of an experienced criminal defense attorney immediately.
Third-Degree Assault
An individual faces assault in the third degree when the crime the client is accused of having committed is against any state government worker. These workers include:
- An employee of the Department of Community Based Services who is employed as a social worker
- Paid or volunteer emergency medical services personnel acting on the job
- Staff at detention centers
- A paid or volunteer member of an organized fire department
- Paid or volunteer rescue squad personnel affiliated with the Kentucky Emergency Management division or the Kentucky Department of Military Affairs
- A probation and parole officer
- Security in residential treatment centers
- A transportation officer providing inmate transportation
- Public or private elementary or secondary school employees (including bus drivers)
- Public or private elementary or secondary school volunteers
- Peace officers
Assault on these workers is a third-degree Class C misdemeanor. If the assault involves bodily fluids including vomit, blood, saliva, semen, mucus, etc., then the charge is raised to a Class A misdemeanor. If convicted of third-degree assault, you could face a fine of up to $10,000 and a sentence of up to five years in prison.
Second-Degree Assault
An assault in the second degree is a charge in which serious physical harm is sustained. An assault with a deadly weapon can also face charges of second-degree assault. Assault in the second degree is a Class C felony. This charge may result in a minimum fine of $1,000 and a minimum sentence of five years in prison.
First-Degree Assault
First-degree assault is the most serious type of assault. First-degree assault means that the individual caused severe bodily harm with a deadly weapon. Or, this could mean that the accused physically assaulted an individual in a manner that showed no regard for human life, putting them in grave danger. First-degree assault is a Class B felony charge. An individual convicted of first-degree assault could face a minimum of 10 years in prison and up to a $10,000 fine. Even attempting to cause grave harm could result in a first-degree assault accusation.