Assault Attorney in Owensboro, Kentucky

Prosecutors and judges in Kentucky take assault charges seriously, and so should you. If you or someone you love is facing assault charges, it is vital to contact a criminal defense attorney to fight the charges and get back to your normal life. At Evan Taylor Law Office PSC, our criminal defense attorney in Owensboro, Kentucky, has the knowledge and experience you need to help you achieve the best possible resolution.  

We provide zealous representation and work to protect the rights, freedom, and future of our clients throughout the state of Kentucky, including Owensboro, Henderson, McLean County, Ohio County, and Hancock County.

Assault in Kentucky’s Criminal Law 

Under Kentucky’s criminal law, assault charges can be broken down into two broad categories: 

1. Misdemeanor assault occurs when a person causes physical injury or fear of imminent physical harm to another person without legal justification.  

2. Felony assault occurs when a person intentionally causes serious injury to another person, uses a deadly weapon or dangerous instrument to cause injury, or causes injury to a protected individual under the statute.   

Assault charges in Kentucky also depend on the perpetrator’s state of mind at the time of committing the offense. A perpetrator’s actions can be considered: 

• Intentional (the perpetrator committed the offense on purpose); 

• Wanton (the perpetrator was aware of the risks involved but disregarded them); or 

• Reckless (the perpetrator failed to perceive a substantial and unjustifiable risk).  

The degree of an assault charge will depend on the perpetrator’s state of mind and the circumstances of the offense. Under Kentucky law, assaults can be charged as either misdemeanors or felonies. The law also provides enhancements from a misdemeanor to a felony when specific conditions are met.  

Types of Assault   

Kentucky law recognizes different types of assaults depending on the degree of the charge:  

• First-degree assault (Class B felony). A person can face assault charges in the first degree when they (a) intentionally cause serious bodily injury to another using a dangerous instrument or deadly weapon or (b) act with wantonness, creating a grave risk of death to another person and causing serious physical injury.  

• Second-degree assault (Class C felony). A person can face assault charges in the second degree when they (a) intentionally cause serious bodily injury to another, (b) use a deadly weapon or dangerous instrument to cause bodily injury, or (c) engage in wanton conduct and end up causing serious injury while using a deadly weapon or dangerous instrument.  

• Third-degree assault (Class D felony). A person can face assault charges in the third degree when they (a) intentionally cause bodily injury or (b) engage in reckless conduct and cause bodily injury while using a deadly weapon or dangerous instrument, and the victim is a police officer, probation or parole officer, teacher, federal police officer or another protected individual under the statute.  

• Fourth-degree assault (Class A misdemeanor). A person can face assault charges in the fourth degree when they (a) cause bodily injury to another while acting intentionally or wantonly or (b) act recklessly and cause bodily injury to another while using a dangerous instrument or deadly weapon.  

The degree of the assault charge in Kentucky depends on three factors: (1) the severity of the injury, (2) whether the perpetrator acted intentionally, wantonly, or recklessly, and (3) whether the perpetrator used a dangerous instrument or deadly weapon.  

Possible Penalties for Assault 

In Kentucky, possible penalties for assault are quite harsh. Punishment for an assault conviction depends on the degree of the assault, whether it is a misdemeanor or felony, and the individual’s criminal record. In most cases, assault is punishable by imprisonment, fines, and/or probation.  

In addition to these penalties, a person convicted of assault may face difficulties finding employment, accessing housing and education, and getting public benefits. Given the serious nature of assault charges, it is imperative that you retain a skilled criminal defense attorney who can help you avoid a conviction or minimize the punishment. Reach out to our assault defense attorney in Owensboro, Kentucky, to discuss your defense options.