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Assault
Assault in Kentucky can be charged under four (4) degrees: Assault 1st Degree (the most serious) to Assault 4th Degree (the least serious). However, any assault charge can have a serious impact. Assault is also enhanceable - meaning the penalties increase each time it happens. Assault charges can also affect your right to own a firearm. Assault is also frequently charged in conjunction with Domestic Violence issues.
Assault 4th is typically charged when two people get into a physical altercation and it doesn’t result in serious physical injury. Assault 3rd is charged when there is an altercation with a person who is acting in their official capacity such as a police officer, probation officer, teacher, principal, referee, etc. Assault 2nd is the “higher” charge of Assault 4th. It is charged when the fight results in serious physical injury or uses a deadly weapon. And Assault 1st is the most serious – causing extreme or serious physical injury with a deadly weapon or showing extreme indifference to the value of human life.
The Assault Chapter of the Kentucky Revised Statutes (KRS Chapter 508) has further refinements and specificities of Assault, including: Assault under extreme emotional distress, Assault of a family member or member of an unmarried couple (Domestic Violence), Terroristic Threatening, Criminal Abuse, Wanton Endangerment, Violation of a protective order, Disarming a police officer, Menacing, Stalking, and Strangulation.
Assault 4th Degree | KRS 508.030
(1) A person is guilty of assault in the fourth degree when:
(a) He intentionally or wantonly causes physical injury to another person; or
(b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the fourth degree is a Class A misdemeanor.
Assault 3rd Degree | KRS 508.025
(1) A person is guilty of assault in the third degree when the actor:
(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to:
1. A state, county, city, or federal peace officer;
2. An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender;
3. An employee of the Department for Community Based Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job-related duties;
4. Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the event occurs while personnel are performing job-related duties;
5. A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job-related duties;
6. Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing job-related duties;
7. A probation and parole officer;
8. A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties;
9. A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee's employment; or
10. A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district;
(b) Being a person confined in a detention facility, or a juvenile in a state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender, inflicts physical injury upon or throws or causes feces, or urine, or other bodily fluid to be thrown upon an employee of the facility; or
(c) Intentionally causes a person, whom the actor knows or reasonably should know to be a peace officer discharging official duties, to come into contact with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the consent of the peace officer.
(2) (a) For violations of subsection (1)(a) and (b) of this section, assault in the third degree is a Class D felony.
(b) For violations of subsection (1)(c) of this section, assault in the third degree is a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood, seminal fluid, urine, or feces from an adult who knows that he or she has a serious communicable disease and competent medical or epidemiological evidence demonstrates that the specific type of contact caused by the actor is likely to cause transmission of the disease or condition, in which case it is a Class A misdemeanor.
(c)
As used in paragraph (b) of this subsection, "serious communicable disease" means a non-airborne disease that is transmitted from person to person and determined to have significant, long-term consequences on the physical health or life activities of the person infected.
Assault 2nd Degree | KRS 508.020
(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.
Assault 1st Degree | KRS 508.010
(1) A person is guilty of assault in the first degree when:
(a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.
(2) Assault in the first degree is a Class B felony.
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JPS Law is a criminal defense practice serving all 120 Kentucky counties. Attorney John Sienkiewicz and Tara Sienkiewicz are always ready to help and ensure the best support throughout the duration of your case. They understand that criminal charges, license suspensions, bond money, and the stress of navigating the criminal justice system can affect an entire family. Our practice mirrors that. You'll work with both John and Tara throughout your case. By hiring JPS Law - you already have a team dedicated specifically to your case.
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