What is Assault 1st, 2nd, 3rd or 4th?

by on April 9, 2011

In Kentucky a person can be charged with assault in the first, second, third or fourth degree. The crime varies based on a number of factors.

Assault in the first degree is the most serious felony charge of assault. It requires severe injury and a deadly weapon. The definition of “severe injury” in Kentucky is very specific and even though the injury may seem severe to an average person, it may or may not fit the exact definition.

If there is only one: either a weapon or severe injury, the charge is typically second degree assault. Second degree assault is also a serious felony case in Kentucky.

Third degree assault is reserved for simple assault against a police officer. There are some other persons; social workers and jailers, who also qualify. Third degree is generally a 4th degree assault but against the specific individual. Third degree assault is also a felony in Kentucky and the severity is often determined by a number of factors including, but not limited to: injury to the officer, facts of the case, defendant’s criminal history, level of intoxication and whether the person knew or should have know that the victim was a police officer.

Fourth degree assault is a misdemeanor and does not involve a deadly weapon or serious physical injury to the victim. This can range from a slap to fairly serious injuries. As such, the sentence can vary greatly based on a number of factors. 4th degree assault is punishable by up to 12 months in prison and often includes requirement of restitution, anger management or other factors if the defendant is granted probation.

If you have been charged with any degree of assault you should seek the advice of a criminal defense attorney. History dealing with these types of case can greatly affect the ultimate resolution and each case may be treated significantly differently. If you have been charged in Boone, Campbell, Kenton or Gallatin counties, you can ask questions of Michael W. Bouldin, attorney at law, by calling 859-581-6453 (581-MIKE) or mike@bouldinlawfirm.com.

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