If you are facing charges of assault in Lexington, KY, the threat of possible legal repercussions can be frightening. An assault conviction can devastate both your personal and professional life. If you want to protect your future, you need our Lexington assault defense lawyers on your side. At Oakley & Oakley LLC, our criminal defense attorneys are second to none, and we fight to protect your Constitutional rights. Contact our law office to schedule a free consultation today.
Why Hire Oakley & Oakley LLC to Defend Against an Assault Charge?
Our tough and experienced criminal defense team at Oakley & Oakley LLC, takes assault charges very seriously. We examine your case thoroughly and consider possible defenses from a number of different angles.
The details and variables involved in assault cases offer our criminal defense team 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.
Our criminal defense lawyers in Lexington have seen everything. We know what to look for and we leave no stone unturned in seeking any and all evidence available to exonerate you. We are skilled in how to get you the best possible outcome, whether that means dropped charges, reduced charges, a plea deal, or a reduction in sentence.
If you have been accused of assault and battery in Lexington, Kentucky, our defense team can help. We are well-known for our aggressive approach to criminal cases and our willingness to go toe to toe with prosecutors. We do not back down. We are relentless in our pursuit of the best possible outcome for our clients. Every client, every time. Contact us today to learn how we 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 where 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 dollar fine, have charges upped to a felony, and spend from one to five years in prison.
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 could include:
- Employee of the Department of Community Based Services employed as a social worker;
- Paid or volunteer emergency medical services personnel acting on the job
- Staff at detention centers
- Paid or volunteer member of an organized fire department
- Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management or of the Department of Military Affairs
- Probation and parole officer
- Security in residential treatment centers
- Transportation officer providing inmate transportation
- Public or private elementary or secondary school employee (including bus drivers)
- Public or private elementary or secondary school volunteer
- 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 fine minimum of $1000, and a minimum sentence of five years in prison.
First Degree Assault
First-degree assault is the most serious 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 ten years in prison and up to a $10,000 fine. Even attempting to cause grave harm could result in a 1st degree assault accusation.
Criminal Charges Related to Assault in Lexington, KY
Assault is a crime that is, many times, is not charged on its own. Rather, defendants often face charges for several related, or similar, offenses. In Lexington, strangulation and wanton endangerment often fall into that category.
Purposely blocking circulation, including the nose, mouth, or pressure on the throat is a criminal offense that can result in either a Class C or Class D felony, depending on the severity of the victim’s injuries. This is a charge that is typically seen in domestic violence cases, with most victims being women.
These cases are similar to physical assault cases. However, these charges consist of putting another individual at risk of harm. Charges depend on the severity of the risk, whether the individual is at risk of serious bodily harm, or if the individual’s life is recklessly put in danger.
When the individual’s life is in danger, it is considered first-degree wanton endangerment, a Class D felony. First-degree wanton endangerment can carry hefty fines up to $10,000, and result in a sentence of up to five years in prison.
Putting an individual at risk of harm is less severe and is classified as second-degree wanton endangerment, a Class A misdemeanor. Although it is a lesser charge, a second-degree wanton endangerment charge could still result in a $500 fine and up to a year behind bars.
Situations Where Assault May Be Justified
Some clients are faced with assault accusations, despite the fact that they are justified in their actions based on the circumstances surrounding the incident. According to Kentucky law statute 503.050, an individual is permitted to commit assault in the following situations:
- To protect themselves from rape or sexual assault
- When they fear their life is in danger
- To protect themselves from serious personal injury
- If confronted by a kidnapper
This statute also allows for the admission of previous charges or incidents of domestic violence evidence to be valid in the courtroom. It is completely justifiable to protect yourself, even with violence, when you feel yourself or your family members are in danger. Let us help you get these charges dropped in the event your assault charges are a result of self-defense or other justifiable reasons.
Call Our Lexington Assault Defense Lawyers Today
An assault conviction can ruin your future, your reputation, and your family. Our Lexington assault defense lawyers at Oakley & Oakley LLC, are knowledgeable and trained to handle these cases.
No matter the circumstance, whether self-defense, domestic violence, or a simple mistake, we will fight to get these charges dropped, or lowered to a less damaging charge. Your life is important, and we do everything possible to ensure your assault charges do not do permanent damage. If you are facing accusations of assault, we are the best in the business.
Ensuring our clients get the absolute best legal defense during one of the worst moments of their lives is what we do. Each client is a priority to us and we take care to keep you informed throughout the process. You can reach us anytime with questions, for legal advice, or just to see how your case is progressing.
Call Oakley & Oakley LLC, today to represent you with a tough defense against your assault charges. Trust in our experienced Kentucky law firm to go to battle for you. We never give up until we have done everything we can do to help you.