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Domestic Violence and Assault

Posted on June 26, 2016 in General Criminal Law Issues - Northern KY

If you are charged with assault/domestic violence in Kentucky, you may have a civil EPO/DVO hearing, a criminal assault charge, or both.

Having practiced criminal defense in Northern Kentucky for over 20 years, people charged are often confused with the legal charges, the legal process and what is pending.  An experienced attorney will use the internet, specifically CourtNet in Kentucky, to check all current, pending as well as past charges on a client.

For example, if there is a protective order or domestic violence hearing, they often have a trial within 14 days of service.  This is considered a civil hearing, however there are consequences to a permanent domestic violence order (DVO) being entered.  If a DVO is entered, the Respondent is not permitted to own, possess or handle any firearms.  While not criminal, it does show up on a police record whenever they run your name, license information or address.

The criminal assault charge can result in up to 12 months of incarceration and $500 fine.  Often, a condition of probation may be to enroll and complete a alcohol treatment program, drug/alcohol evaluation and/or anger management.  Anger Management programs can continue on a weekly basis for up to one year and the defendant must pay, attend and complete or face significant jail time.

Prior convictions or even charges can have a significant impact on plea negotiations, trial strategy as well as sentencing.  Knowing the history is a key to ensuring a good deal.

If you have been charged with assault and/or domestic violence, you should hire an attorney to defend your rights.  For consultation in Kentucky or Cincinnati, call Michael Bouldin at 859-581-MIKE or email at mwbouldin2@gmail.com.  Call 859-581-6453.  

New Year, New EPO & DV Laws

Posted on February 19, 2016 in General Criminal Law Issues - Northern KY

The Kentucky law on Emergency Protective Orders (EPO) and Domestic Violence (DV) has been expanded.  Since beginning of time (or at least as long as I’ve practiced law).

Effective January 1, 2016 the laws in Kentucky regarding EPO and DV have been amended and expanded.

The new law allows anyone who has been a victim of domestic violence or abuse to apply for and receive a Protective Order.

KRS 403.725 states:  Petition for order of protection — Venue — Verified contents — Concurrent jurisdiction — Protocols for access and supplemental jurisdiction — Referral.
(1) A petition for an order of protection may be filed by: (a) A victim of domestic violence and abuse; or (b) An adult on behalf of a victim who is a minor otherwise qualifying for relief under this subsection.
(2) The petition may be filed in the victim’s county of residence or a county where the victim has fled to escape domestic violence and abuse.
(3) The petition shall be verified and contain: (a) The name, age, address, occupation, residence, and school or postsecondary institution of the petitioner; (b) The name, age, address, occupation, residence, and school or postsecondary institution of the person or persons who have engaged in the alleged act or acts complained of in the petition; (c) The facts and circumstances which constitute the basis for the petition; (d) The date and place of the marriage of the parties, if applicable; and (e) The names, ages, and addresses of the petitioner’s minor children, if applicable.

Under the previous law, only certain individuals were eligible for protection under an emergency protective order.  Those were: family, persons with a child in common, persons living together.

If you have been charged with Domestic Violence or are a victim of domestic violence, you should first discuss and have an attorney represent you in court.  You are entitled to representation of your choosing, however because it is considered a civil case, you are not entitled to a free public defender.  For consultation in Northern Kentucky, call the Bouldin Law Firm and schedule an appointment with Michael Bouldin.  Call 581-MIKE, that is 859-581-6453.

KY Stand Your Ground Law

Posted on July 16, 2015 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

A member of USCCA recently inquired about potential representation in Kentucky for someone charged with defending themselves and use of a weapon, specifically one licensed to Carry a concealed weapon.  Kentucky is one of a number of states that have enacted Stand Your Ground law which provides defense to individuals charged with using deadly force who commit a homicide.  What KRS 403.055 provides is a defense to an action by providing presumptions regarding fear of imminent peril or death if you are within your residence or occupied vehicle.

KRS 503.055 provides:  Use of defensive force regarding dwelling, residence, or occupied vehicle — Exceptions. (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

See KRS 503.055 for full reading of the statute, as it does not allow for the defense against other titleholders, residents or peace officers, nor if you are using the residence for illegal activity.

“Stand your ground is a change in the self-defense defense,” he said. “You always have a right to self-defense, but under the common law if you had the ability to run away or retreat in full safety without risking being injured by the person who is attacking you then you have a duty to that. You have what was called the duty to retreat. The stand your ground law changes that standard. It says if you are in any place that you are legally allowed to be, you don’t have a duty to retreat.”

In cases where the “duty to retreat” comes into play, it is up to the jury to establish whether someone had the ability to run away.

This law essentially is a boost to a self defense claim.  In all 50 states, defending yourself or others from serious injury or death can be used as a defense in a murder or assault trial. However in Kentucky, acting in self-defense can make a person immune from being prosecuted in the first place if there was a reasonable belief that someone would imminently cause serious bodily injury or death.

If you have been charged with a crime, you need an experienced criminal defense attorney. For representation in Northern Kentucky, contact Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.


Can Prosecution Charge Hate Crime if I Have Rebel Flag?

Posted on July 1, 2015 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

With recent changes throughout the United States and the flags, it is possible that the use/flying of a Rebel Flag may be additional evidence to characterize the offense as a HATE CRIME.  Since the government cannot know what you are thinking, they use evidence to infer your thoughts. For example, if a defendant uses derogatory names, it is evidence of your motive. Additionally, a rebel flag shirt, belt or bumper sticker may be utilized as evidence of prejudice.

A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin or sexual orientation.” Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.

Kentucky has separate law relating to hate crimes under KRS 532.031 Hate crimes — Finding — Effect.

(1) A person may be found by the sentencing judge to have committed an offense specified below as a result of a hate crime if the person intentionally because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals violates a provision of any one (1) of the following: (a) KRS 508.010, 508.020, 508.025, or 508.030; (b) KRS 508.050 or 508.060; (c) KRS 508.100 or 508.110; (d) KRS 509.020; (e) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.100, or 510.110; (f) KRS 512.020, 512.050, or 512.060; (g) KRS 513.020, 513.030, or 513.040; or (h) KRS 525.020, 525.050, 525.060, 525.070, or 525.080.*
(2) At sentencing, the sentencing judge shall determine if, by a preponderance of the evidence presented at the trial, a hate crime was a primary factor in the commission of the crime by the defendant. If so, the judge shall make a written finding of fact and enter that in the court record and in the judgment rendered against the defendant.

*KRS 508 relates to assaults, KRS 509 – kidnapping, KRS 510 – sexual offenses, KRS 512 – property damage, KRS 513 – arson and KRS 525 – riot and disorderly conduct.

If you have been charged with a criminal offense, and more particularly with a hate crime, you need a criminal defense attorney.  For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6456 or email at mike@bouldinlawfirm.com.


What is Penalty for Second Degree Assault in Kentucky?

Posted on November 6, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

Second degree assault in Kentucky is a Class C Felony and the penalty is 5-10 years of incarceration and up to $10,000 fine.  Assault, 2nd (A2nd) degree can be assault with a deadly weapon or dangerous instrument or assault with serious physical injury.

KRS 508-020 defines Assault in the second degree.
(1) A person is guilty of assault in the second degree when:
(a) He intentionally causes serious physical injury to another person; or
(b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the second degree is a Class C felony.

Serious physical injury is defined by statute and requires specific and detailed injuries. A “dangerous instrument” means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.

Assault first degree, A1st, requires both a deadly weapon AND serious physical injury.  Assault Fourth – A4, is a misdemeanor and is physical injury to another without a dangerous instrument or deadly weapon.  There are other issues which must be addressed to determine if a case should proceed to a JURY trial, bench trial or alternative resolution.  It is generally advisable to utilize the services of a local attorney so that you can understand the pros and cons and base your decision in part on which judge and that attorney’s experience.

If you have been charged with assault (first, second, third or fourth) you need an attorney.  For consultation about your case in Northern Kentucky, call lawyer Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.


What Is Penalty For Assault?

Posted on February 5, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In Kentucky, there are various charges relating to assault.  A4, or Assault in the 4th Degree, is a misdemeanor which is general assault with minor physical injuries.  It is defined in KRS 508.040 and the potential penalties for A4 is up to 12 months in jail and/or $500 fine.

Assault can also be charged as a felony if (1) committed upon a police officer, (2) if there are serious physical injuries, or (3) if there is a weapon involved in the assault.

Assault 3rd degree is similar to A4, that is minor injuries but when committed against a police officer or other protected persons such as social worker, detention center worker.  A3 is located in KRS 508.030 and is considered a Class D felony and is punishable by 1-5 years in prison.

Assault 2nd degree is when there is serious physical injury to the victim or if the assault involves the use of a deadly weapon or dangerous ordinance.  Assault 2nd degree is defined by KRS 508.020 and considered a Class C felony punishable by 5-10 years in prison.  Assault 1st Degree is a class B felony under KRS 508.010 and involves serious physical injury and the use of a deadly weapon.  It is punishable by 10-20 years in prison.

If you have been charged with Assault, whether felony or misdemeanor you need to retain legal counsel.  For consultation in Kenton, Boone, Grant, Gallatin, or Campbell counties, or in Cincinnati, call Michael Bouldin at 859-581-6453 (581-MIKE).

*Information herein relates to charges in Kentucky.  If you are charged with misdemeanor or felony assault in Ohio, the charges and potential penalties differ from Kentucky.  Call for more information.