August 1, 2025 | Kentucky Law
If you’re a defendant facing charges after a fight or a heated argument in Kentucky, it’s helpful to know what the law says about assault and battery. State law does not have a specific statute for battery. Instead, all forms of injuring someone, whether minor or severe, fall under the categories of assault.
Degrees of Assault in Kentucky
Assault charges in Kentucky can range widely depending on how much harm was done and the intent behind it. Here are the basics of the different levels of assault in the state:
Assault in the First Degree
In Kentucky, someone faces a first-degree assault charge if they seriously injure another person and one of the following two things is true:
- They did it intentionally and used a weapon or something dangerous in the process, or
- They acted in a reckless and extremely dangerous way, showing little concern for whether someone could die, and caused serious physical harm as a result.
This is a Class B felony, and a conviction carries 10 to 20 years in prison.
Assault in the Second Degree
With a second-degree assault charge, one of the following must be true:
- The person purposely caused someone else serious physical injury, whether or not a weapon was used, or
- They intentionally hurt someone by using a weapon or another dangerous object, even if the injury wasn’t severe, or
- They wantonly caused a serious injury using a weapon or a dangerous object.
A person acts wantonly when they know their actions could cause harm, but they ignore the obvious danger and go ahead anyway, even though any reasonable person would know better and avoid the risk.
This degree of assault is a Class C felony, and those convicted face 5 to 10 years in prison.
Assault in the Third Degree
Assault in the third degree criminalizes causing injury to protected classes of people, like police officers, corrections staff, school personnel, social workers, and others on the job. If someone makes physical contact or attempts to harm any of these professionals while they’re doing their duty, it’s a Class D felony, which can mean 1 to 5 years in prison.
Assault in the Fourth Degree
When the physical harm is minor and doesn’t cause lasting injury, or when the accused merely touches someone offensively or disrespectfully, the charge becomes assault in the fourth degree. This is a Class A misdemeanor, which may result in up to a year in jail.
Understanding the different levels of assault is essential for anyone facing charges, as it changes possible defense strategies that can be raised.
Legal Defenses to Assault Charges
Finding yourself accused of assault can be overwhelming, but it’s vital to remember that not every attack or physical altercation automatically leads to a conviction. Several legal defenses could be raised, depending on the circumstances.
Some common ones include:
- Self-defense or defense of others: One of the strongest legal arguments is that you were protecting yourself or someone else from immediate harm. Courts generally recognize your right to use reasonable force if you genuinely believed you or another person was about to get hurt, as long as your response is proportionate to the danger you were facing.
- Insufficient evidence: Prosecutors have to prove each element of assault with reliable facts, not just claims or secondhand rumors. If there aren’t credible witnesses, video records, medical findings, or solid proof connecting you to an alleged assault, the state may not be able to prove your guilt beyond a reasonable doubt.
- Lack of intent: In many assault cases, prosecutors have to show that you truly intended to cause injury or harm to someone else. If your actions were accidental or taken out of context, it may be possible to argue that you never meant to hurt the other person. This could either lead to a not guilty verdict or to some of the charges being dropped.
- Mistaken identity: When an assault occurs, it can often be chaotic and confusing. In the heat of the moment, it’s not unusual for people to get mixed up about who was actually involved, especially if the incident happened in a crowded area, in poor lighting, or when several people were involved. If you and your lawyer can prove that you had nothing to do with what happened and were simply in the wrong place at the wrong time, this could lead to an acquittal.
While every case is different, understanding the basics of assault charges and the possible defenses is essential for anyone facing charges.
A Criminal Defense Attorney Can Help
Assault laws in Kentucky are layered and complex, with charges ranging from misdemeanors to serious felonies depending on the circumstances, the level of harm, and the individuals involved. Understanding how the state defines and classifies assault—and knowing the potential defenses—can make a significant difference for anyone accused of a violent offense.
For help, contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with a criminal defense lawyer.
Contact the Lexington Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212,
Lexington, KY 40507
(859) 569-4014