Our Assault Defense Lawyers Can Help
Being charged with assault and battery in Kentucky can have serious implications for the accused, from victim compensation to fines and even jail time. A conviction for assault and battery can bring a criminal record that may potentially last forever, negatively affecting your professional and personal life in many ways.
Fortunately, you do not have to fight these charges on your own. There is legal help available from Dan Carman, an experienced Kentucky assault and battery defense attorney. Talk to Dan as soon as possible after you have been arrested or charged, and you can rest assured that you have dependable counsel and an understanding of what legal options are possible.
From fighting for an acquittal or a dismissal to pleading guilty to a reduced charge, defense attorney Dan Carman will work closely with you every step of the way and help you make informed decisions regarding the best course of action. With a military background and skills oriented for both state and federal criminal matters, Dan is particularly well suited to help you navigate the legal process. Our firm offers a free consultation to discuss your individual situation, so call Dan today to plan the aggressive defense that you will need.
Get Help Now 859-685-1055
Why Choose Our Assault Defense Attorneys in Lexington, KY?
There are many attorneys out there, and you should hire one you can trust and who can provide the aggressive defense you need when faced with serious charges. Dan Carman has worked as a prosecutor, so he knows how they operate and how the criminal system works. He has defended those charged with rape, possession and distribution of drugs, possession of child pornography, larceny, hazing, obstruction of justice, and many other crimes. He works tirelessly for his clients to provide them with the best defense possible. Here are some other reasons why you should choose our assault defense attorneys in Lexington, KY:
- We focus on criminal law cases, and will help guide you through the intricate legal processes involved.
- We are available 24/7.
- We are local and familiar with local issues and local courts. Dan Carman is a native of Lexington, Kentucky, and graduated from the University of Kentucky College of Law in 2005, where he was a member of the Kentucky Law Journal.
- We are recognized. Dan has been selected as one of the National Trial Lawyers Top 100, an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers.
- We provide free, confidential, and no-obligation consultations.
- We are happy to give advice to help you in any way we can.
How Dan Carman Works for You
When you have Dan Carman on your side, our legal team will get to work immediately to pursue justice for you. We will:
- Meet with you and listen to your explanation of why you were charged with assault and battery and determine what possible defenses we might use.
- Gather evidence such as from photos and videos; police, accident and medical reports, and interviews with any witnesses and first responders
- Examine the actions of the law enforcement officials to determine if the laws and requirements pertaining to arrests were fully met, and examine other circumstances surrounding the case to make sure your rights are protected. Evidence found to be inadmissible due to being unlawfully obtained can greatly enhance the possibility that you will be found not guilty.
- Take care of all legal requirements in a timely manner, including filing all paperwork, making court appearances, and handling appeals.
- Negotiate aggressively with prosecutors and other attorneys to have your charges dropped or reduced.
- Build your case and take it to court to defend you before a judge and jury, if necessary.
We will be there for you throughout the entire legal process, walking you through each step of your defense and ensuring that you are fully prepared. Time is often of the essence when placed under arrest, so it’s important to reach out to us as soon as possible.
Call (859) 685-1055 Now
Battery Lawyer in Kentucky Explains Assault and Battery Charges
Under Kentucky’s assault laws, assault is the unwanted touching of another person that results in physical injury or is intended to result in physical injury. Assaults can be considered “intentional” (the person assaulted another on purpose), “wanton” (the person was aware of the risks involved but did it anyway) or “reckless” (a person fails to recognize that a risk is present). Each of these categories can affect the degree of an assault charge.
Battery is basically defined as intentional, non-consensual harmful or offensive contact with another and reflects the rights of humans to have their bodies left alone. Battery is listed as a sub-category of assault in Kentucky, along with aggravated assault, simple assault, intimidation and more. There are different degrees and categories of assault.
Degrees of Assault in Kentucky
There are four degrees of assault under Kentucky law. The degree of the charge takes into consideration the elements listed above, as well as others. See KY. Rev. Stat. Ann. §§ 508.010, 508.020, 508.025. 508.030.
Assault 1st Degree (KRS § 508.010)
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) exhibits extreme indifference to the value of human life by wantonly engaging in conduct that creates a grave risk of death to another person, causing serious physical injury to them.
Assault 1st Degree is a Class B felony, punishable by a term of imprisonment of not less than 10 but no more than 20 years in prison.
Assault 2nd Degree (KRS § 508.020)
A person is guilty of assault in the second degree when (a) he intentionally causes serious physical injury to another person; or (b) causes physical injury to another person by means of a deadly weapon or dangerous instrument; or (c) wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault 2nd Degree is a Class C felony, punishable by a term of imprisonment of not less than 5 but no more than 10 years in prison.
Assault 3rd Degree (KRS § 508.025)
A person is guilty of assault in the third degree when he recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to any of the following:
- a police officer
- a federal peace officer
- a state employee of a detention or residential treatment facility
- an employee of the Department of Community Based Services employed as a social worker
- paid or volunteer emergency medical services personnel acting on the job
- a paid or volunteer member of an organized fire department
- a paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management or of the Department of Military Affairs
- a probation and parole officer
- a transportation officer providing inmate transportation
- a public or private elementary or secondary school employee
- a public or private elementary or secondary school volunteer.
Assault 3rd Degree is a Class D felony, punishable by a term of imprisonment of not less than 1 but no more than 5 years in prison.
Assault 4th 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, causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault 4th Degree is a Class A misdemeanor, punishable by a term of imprisonment of not more than 12 months in jail.
If you have been charged with assault, don’t take chances with your life and freedom. Call Dan Carman immediately.
Assault Lawyer Knows What Determines Degree
There are several factors that determine the degree of the assault charge, and our assault and battery lawyer explains them here:
Intentional or Wanton or Reckless?
Intentional: Under KRS § 501.020, intentional conduct is when, a person’s “conscious objective is to cause that result or to engage in that conduct” – in other words, they did it on purpose. An example would be when Man A beats up Man B because B was making eyes at A’s girlfriend. Accidentally hitting someone with your car would not be an assault, because there was no intent, but deliberately running someone down would be.
Wanton: The statute defines wanton conduct as when a person is “aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstances exist” – in other words, they knew there was a chance harm could result but they did it anyway. An example of wanton conduct would be when someone becomes voluntarily intoxicated then gets behind the wheel, causing a crash where others are seriously injured. Being drunk or high is not a defense.
Reckless: A person acts recklessly when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The failure to perceive it must be a gross deviation from the standard of care that a reasonable person would observe in the situation.
Physical Injury or Serious Physical Injury?
The seriousness, or degree, of the assault charge differs according to the seriousness of the injury or intended injury. Kentucky law defines a physical injury as “substantial physical pain or any impairment of physical condition.” A slap on the back might not meet the definition, but a slap in the face that broke a nose would.
“Serious physical injury” means one which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ. A concussion is a serious physical injury.
Dangerous Instrument or Deadly Weapon?
A “dangerous instrument” refers to any item or part of the human body that causes serious physical injury and that could cause death or serious physical injury. A baseball bat would likely be considered a dangerous instrument if it was used to bash someone in an effort to seriously injure them. So would a fist or a bottle.
Under Kentucky’s laws, “deadly weapons” include weapons of mass destruction (bombs and chemical, biological, and radioactive weapons), shooting weapons that can cause death or serious physical injury, knives other than hunting and pocket knives, clubs and batons, nunchakus, throwing stars, and rigid artificial knuckles.
Assault & Battery Lawyer in Lexington Knows Defenses
The Right Defense Can Help
As you can see, there are many different factors involved in an assault charge. This means a competent Lexington criminal defense attorney has many angles for attacking the validity of the charge, which could lead to an amendment of the charge to one of a lesser degree. Kentucky law acknowledges that at times crimes don’t occur in a vacuum. The law allows that in civil cases, elements preceding the battery, including provocation, may be used in the defense and taken into consideration. It is vital to get legal representation as soon as possible after the incident in order to successfully formulate an effective defense.
Examples of defenses we may use include:
- Self-defense and defense of others — Even though actions taken in self-defense are intentional conduct, the law recognizes self-defense as a complete defense to an assault charge. You may also have been acting in defense of others.
- Defense of property
- Mental states — Certain mental states, such as extreme emotional disturbance also may provide grounds for a reduction in the charge.
- Consent by victim
- Performance of duty or performance of authority — commonly police officers, teachers, and probation and parole officers.
At the Dan Carman Law Office, we will listen carefully to your story to determine whether any of these defenses are pertinent. We will investigate the facts of the incident, review witness statements, and look into the criminal histories of the parties involved. Any physical evidence will be thoroughly evaluated.
An aggressive defense will be formulated and appropriate motions filed with the court. In short, we will provide you with legal representation based on both experience and competence and which will lead to the best possible result in your case.
We take seriously what could be serious business for you and your family. Contact Lexington, Kentucky defense attorney Dan Carman to start your defense today.
Get Started Now (859) 685-1055