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Assault

Bowling Green Assault Defense Attorney

Aggressive Defense Against Assault Accusations in Kentucky

Smith & Wilcutt, LLC passionately represents clients charged with assault in Kentucky. Whatever your situation, we can discuss your options and determine an effective legal strategy. Our assault lawyer in Bowling Green has a thorough knowledge of federal and state laws regarding this charge.

From start to finish, we can personally guide you through the process and tenaciously uphold your rights in court as you pursue a favorable outcome.

Call our Bowling Green assault attorney today at (270) 972-4068 or contact us online for a free consultation.

Understanding Assault Charges In Kentucky

In Kentucky, there are 4 main types of assault charges. These include first, second, third, and fourth-degree assault.

First-degree assault is prosecuted as a Class B felony offense, second-degree assault counts as a Class C felony, and third-degree assault is typically prosecuted as a Class D felony. On the other hand, fourth-degree assault is counted as a Class A misdemeanor.

The penalties for a conviction differ for each charge. There are many factors that influence what charges a defendant may face. These involve the motive of the defendant (whether the action was intentional, wanton, or reckless), as well as the severity of the injuries the victim suffered. 

If the assault was directed against a police officer, an employee of a residential treatment facility or detention center, a parole officer, or a DSS worker, the penalties will increase.

What are the Penalties for Assault in Kentucky?

Penalties for an assault conviction in Kentucky include:

  • Fourth-degree assault (Class A misdemeanor) – 12 months in prison plus enhancements
  • Third-degree assault (Class D felony) – 1-5 years in prison
  • Second-degree assault (Class C felony) – 5-10 years in prison
  • First-degree assault (Class B felony) – 10-20 years in prison

In order for the prosecution to reach a conviction, it must prove that the defendant acted intentionally (wanting to cause harm to the victim), wantonly (not caring about the safety of the victim), or recklessly while using a dangerous weapon or instrument (without realizing the action will cause injury to the victim).

Depending on the situation, those convicted may also face heavy fines. A thorough investigation is crucial to building a solid defense, and our assault lawyers in Kentucky can gather witness statements, request medical records, and examine police reports to understand your circumstances.

What is the Best Defense Against Assault?

A strong defense strategy is essential for addressing assault charges. The best defense will depend on the circumstances of your case. Our Bowling Green assault attorneys may employ various defenses, including:

  • Self-Defense: If we can demonstrate that you acted in self-defense to protect yourself from imminent harm, this can be a valid defense. The key is showing that your actions were reasonable and necessary to avoid injury.
  • Defense of Others: Similar to self-defense, if you acted to protect another person from harm, this defense may apply. It is crucial to establish that your actions were proportionate to the threat faced.
  • Lack of Intent: Proving that you did not have the intent to cause harm can be a powerful defense. This may involve demonstrating that your actions were accidental or resulted from a misunderstanding.
  • False Accusations: Sometimes, individuals are wrongfully accused of assault. Gathering evidence to support your innocence, such as witness statements or video footage, can help challenge the allegations.
  • Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If there is a lack of compelling evidence against you, as your attorneys we can work to have the charges dismissed.

Developing a defense strategy requires a thorough understanding of the facts surrounding your case and the legal nuances involved. Our firm will conduct a comprehensive investigation to identify the best possible defense.

Contact Our Assault Lawyer in Bowling Green Today

At Smith & Wilcutt, LLC, we have guided numerous clients to successful legal solutions. If you are facing charges of assault in Kentucky, our team has the experience to help. We can talk with you throughout the process and tailor a defense strategy to suit your particular needs as you seek to lessen or drop the charges. 

We value open and honest communication. With our Bowling Green criminal defense attorney, you will never be left in the dark regarding your case.

Contact us online or call at (270) 972-4068 today to learn how our legal team can defend you from assault charges in Kentucky.

Commonly Asked Questions

What are the different degrees of assault in Kentucky?

Kentucky classifies assault into four degrees: First-degree assault involves intentionally causing serious physical injury, second-degree assault involves causing physical injury intentionally or recklessly, third-degree assault involves intentionally or wantonly causing physical injury, and fourth-degree assault involves causing injury or threatening harm without actual injury occurring.

What is the difference between battery and assault in Kentucky?

In Kentucky, the key difference between battery and assault lies in the nature of the actions involved. Assault refers to the intentional act of causing or threatening to cause physical injury to another person, while battery involves the actual physical contact or harm inflicted on another individual. In essence, assault is the threat or attempt to harm, whereas battery is the act of causing harm. 

Is assault a felony in Kentucky?

Assault can be classified as either a felony or a misdemeanor in Kentucky, depending on the degree of the offense. First-degree and second-degree assaults are felonies, while third-degree and fourth-degree assaults are misdemeanors. The severity of the charge generally correlates with the level of injury caused and the intent behind the act.

Will an assault conviction stay on my record?

Yes, an assault conviction will typically remain on your criminal record, impacting future employment opportunities, housing applications, and more. However, there may be options for expungement depending on the circumstances.

What should I do if I’m charged with assault?

If charged with assault, it’s crucial to seek legal representation immediately. Our Bowling Green assault attorneys can help you understand your rights, navigate the legal process, and develop a defense strategy.