Assault Attorney in Covington, KY

Kentucky Assault Degrees & Penalties Under KRS Chapter 508

Kentucky divides assault into four degrees based on the seriousness of the injury, the defendant’s mental state, and whether a deadly weapon or dangerous instrument was involved. Which degree applies to your situation shapes everything from bail to potential prison time.

First-Degree Assault: Class B Felony

First-degree assault under KRS 508.010 is the most serious charge, carrying 10 to 20 years in prison. It applies when someone intentionally causes serious physical injury using a deadly weapon or dangerous instrument, or wantonly engages in conduct that creates a grave risk of death and causes serious physical injury. Under Kentucky law, “serious physical injury” means a substantial risk of death, prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of any bodily organ.

Second-Degree Assault: Class C Felony

Second-degree assault under KRS 508.020 carries 5 to 10 years in prison. It covers intentionally causing serious physical injury to another person, intentionally causing any physical injury with a deadly weapon or dangerous instrument, or wantonly causing serious physical injury with a deadly weapon or dangerous instrument.

Third-Degree Assault: Class D Felony

Third-degree assault under KRS 508.025 is generally a Class D felony with a penalty range of 1 to 5 years. This charge applies when the alleged victim is a protected person, such as a peace officer, probation or parole officer, emergency medical services personnel, firefighter, school employee, or social worker acting in an official capacity, and the accused recklessly caused injury with a deadly weapon or intentionally caused or attempted to cause physical injury.

Fourth-Degree Assault: Class A Misdemeanor

Fourth-degree assault under KRS 508.030 carries up to 12 months in jail and a fine up to $500. It is charged when someone intentionally or wantonly causes physical injury to another person, or recklessly causes physical injury by means of a deadly weapon or dangerous instrument. When the accused acted under an extreme emotional disturbance for which there was a reasonable explanation or excuse, the offense may instead be charged under KRS 508.040 as a Class B misdemeanor carrying a maximum of 90 days in jail.

One additional risk worth knowing: assault is an enhanceable offense in Kentucky. Under KRS 508.032, a third or subsequent fourth-degree assault conviction involving family members or members of an unmarried couple within five years can elevate the offense to a Class D felony, even for conduct that would otherwise be a misdemeanor. The term “dangerous instrument” is broadly defined and includes any instrument, including parts of the human body when serious physical injury results, that is readily capable of causing death or serious physical injury under the circumstances.