Are you facing assault with deadly weapon charges in Lexington, Kentucky? You must act fast to protect your freedom, as the consequences of a conviction can be amongst the more serious in the state. Suhre & Associates, LLC, can defend your rights and interests beginning today.
The attorneys at our criminal defense law firm have a combined 100 years of experience, and we’ve helped our clients achieve favorable outcomes even against the most severe charges. You can put that extensive experience and track record of success on your side as well if you select us to represent you.
How Suhre & Associates, LLC, Can Help if You Are Up Against Assault With a Deadly Weapon Charges in Lexington
The penalties that the criminal justice system can impose for assault with deadly weapon charges in Lexington are significant enough on their own. However, the collateral consequences are just as significant and can stay with you for the rest of your life. Your freedom might very well be at stake.
You have just one opportunity to make the most of your defense, and you would be well-served to hire an experienced Lexington criminal defense lawyer to help you fight back against your charges. Our legal team includes former police officers and prosecutors, giving us valuable insight into how the opposition likes to present its cases. With that inside knowledge, we’ll be able to assist with your case by:
- Thoroughly investigating the prosecution’s evidence against you and conducting the necessary legwork and research to arrive at your best defense
- Keep you up-to-date on the status of your case and your legal options at all times
- Attempt to have your charges reduced or dismissed via negotiations with the prosecution
- The ability to take your case all the way to criminal trial if that is in your best interest
At Suhre & Associates, LLC, we treat each of our clients like family, giving them the dedication and resources that they deserve. Contact our law office in Lexington, Kentucky, today to learn more or to begin establishing an attorney-client relationship.
An Overview of Assault With a Deadly Weapon Law in Kentucky
The Commonwealth of Kentucky breaks down assault into four degrees, each with its own section in the Kentucky Revised Statutes. Assault in the first degree is the most serious charge, and assault in the fourth degree is the least serious. The state also categorizes its misdemeanor and felony charges in terms of severity. Class A is the most serious, and Class D is the least.
Technically speaking, assault with a deadly weapon is not its own charge in the state. Instead, each of these laws has a provision that applies if a deadly weapon or dangerous instrument was used in the alleged assault.
Assault in the Fourth Degree
Ky. Rev. Stat. § 508.030 covers assault in the fourth degree. Under this law, as it relates to deadly weapons charges, it is illegal to recklessly cause physical injury to another person by means of a deadly weapon or dangerous instrument. This is generally, but not always, a Class A misdemeanor charge.
Assault in the Third Degree
Ky. Rev. Stat. § 508.025 describes assault in the third degree. It is illegal under this statute to, with a deadly weapon or dangerous instrument, recklessly or intentionally cause physical injury to various categories of people, such as most law enforcement officials, school teachers, transportation officers, and social workers. This charge can range anywhere from a Class A misdemeanor to a Class C felony, depending on the circumstances.
Assault in the Second Degree
Ky. Rev. Stat. § 508.020 is the law that pertains to assault in the second degree. This statute makes it a crime to either intentionally cause a physical injury to another person by means of a deadly weapon or dangerous instrument or to wantonly cause a serious physical injury to another person by means of a deadly weapon or dangerous instrument. This is a Class C felony by default.
Assault in the First Degree
Ky. Rev. Stat. § 508.010 describes assault in the first degree. It is a crime under this law to intentionally cause serious physical injury to another person with a deadly weapon or dangerous instrument. This is a Class B felony charge.
The primary distinguishing factors between these charges are the severity of the injury that resulted from the alleged assault, as well as the alleged perpetrator’s state of mind at the time.
For instance, the prosecution must prove that the person acted “intentionally, “recklessly,” or “wantonly,” depending on the charge. They must provide evidence in support of that contention beyond a reasonable doubt, giving a skilled criminal defense attorney an avenue to present one or more defenses.
What Penalties and Consequences Can Result from an Assault With a Deadly Weapon Conviction in Lexington, KY?
The penalties for an assault with a deadly weapons conviction in Lexington, Kentucky, vary depending on many factors. First and foremost, the penalties will depend on the exact crime(s) you have been charged with. Your prior criminal history, if applicable, could also be another factor.
At the low end, the penalties for a Class A misdemeanor are up to a year in jail as well as a $500 fine. At the high end, the penalties for a Class B felony are as many as 20 years in prison on top of a $10,000 fine. In some cases, probation or parole may be available as well.
In addition to those penalties, there are collateral consequences that could result if you are convicted of assault in Kentucky. These include:
- Immigration issues, if relevant to your situation
- Loss of certain rights, such as gun ownership
- Difficulty finding employment or housing
Assault is taken seriously in Kentucky, and you need to begin mounting your defense as soon as possible. Contact Suhre & Associates, LLC, today to speak with an experienced criminal defense lawyer about your case. Your first case review is completely free of charge.
What Defenses Can I Assert Against My Assault With a Deadly Weapon Charges?
There may be many defenses available to you against assault with deadly weapon charges. As mentioned above, the prosecution must provide evidence in support of your state of mind at the time of the incident and every other element of the charge beyond a reasonable doubt.
Our legal team will conduct a complete analysis of your case and the relevant case law to arrive at the defense(s) best suited for your case once you hire us. Possibilities include, but are not limited to:
- Your constitutional rights were violated, such as through an illegal search, and so some of the evidence against you is impermissible in court
- You did not possess the requisite state of mind at the time of the alleged assault
- You have an alibi for the incident, and it was a case of mistaken identity
- You were acting in self-defense
- Your Miranda Rights were never read to you, so some of your statements cannot be used against you
Contact us today in Lexington, Kentucky, to talk further about your legal options regarding your assault with deadly weapons charges.
Schedule a Free Case Review With an Experienced Lexington Assault With a Deadly Weapon Attorney
There still might be time to effectively combat the assault with deadly weapons charges you are facing. However, time is of the essence, as it can take time to formulate a strategy that works best for the facts and circumstances of your case.
Contact the Lexington assault with a deadly weapon attorney with Suhre & Associates, LLC, to set up your free consultation today. We can take your call at any time.