Willenborg Russell Ireland PLLC

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Misdemeanor Assault (4th Degree) in Kentucky

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Assault in the fourth degree is a class A misdemeanor in Kentucky.  A conviction can carry penalties of up to twelve months in jail and fines of up to $500. A domestic assault can be enhanced to a class D felony when there are two prior convictions within five years and all requirements of KRS 508.032 are met. It is important to speak with an attorney before making any statements or appearing in court.


Assault in the Fourth Degree - KRS 508.030

  • 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.  

  • Assault in the fourth degree is a class A misdemeanor, unless enhanced by KRS 508.032.

Assault of Family Member of Member of an Unmarried Couple - Enhancement of Penalty KRS 508.032

  • (1) If a person commits a third or subsequent offense of assault in the fourth degree under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a class D felony.  If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case.  The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor.  The victim in the second or subsequent offense is not required to be the same person who was assaulted in the prior offenses in order for the provisions of this section to apply.

  • (2) In determining the five (5) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered by a court of competent jurisdiction.

KRS 403.720 defines “family member” as a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim.

“Member of an unmarried couple” is defined as each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together.  


Kentucky Fourth Degree Assault Attorneys - Boone, Campbell, Kenton County

Our criminal attorneys defend clients charged with misdemeanor and felony assault throughout Kentucky, but focus in Boone, Campbell, Kenton, County and surrounding areas.  Contact us today, the call is free.


Contact
Willenborg Russell Ireland PLLC
130 Park Place
Covington, Kentucky 41011
(859) 581-5177
(859) 581-5191 (Fax)

info@wrilawfirm.com

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