What Happens with an Aggravated Assault Charge?
An aggravated assault can lead to arrest as it can be charged as a felony or a misdemeanor, depending on the severity. It is not only related to aggressive physical altercation but can also be an act of self-defense.
In Lexington, KY, an aggravated assault charge can come with serious implications, like compensations, fines, and sometimes jail time. If one is found guilty, a conviction could permanently damage one’s personal and professional life. In light of this, if you have an aggravated assault charge, an aggravated assault lawyer is extremely necessary to help you defend your case.
You don’t have to do it alone or stress yourself out about the legal aspects; you must consult a good lawyer immediately after the incident, after you have been charged, or even after arrest. You’ll also need to understand your legal options, and only an aggravated assault lawyer can give you dependable counsel.
Why Choose Lexington Defense?
Get an Experienced Lawyer as Your Aggravated Assault Attorney
If you’re looking for a Lexington aggravated assault lawyer, Lexington Defense is the law firm for you. We are very serious about building the right case for our clients. We do our best to tell your side of the story and present a well laid-out case.
Our team of experienced attorneys takes their time to carefully examine your case and design a strong strategy for your defense. Many things come into play to determine the strategic route we choose, like your mental state; the person injured; what weapon, if any, was used, etc.
The major aim of our law firm is to go through all the information available with a fine-toothed comb for any evidence that could lead to your exoneration.
We are keen on ensuring the best possible outcome for our clients and are dedicated to relentlessly pursuing results that are in their best interests. Choosing the right law firm and lawyer for your case makes all the difference, and Lexington Defense LLP is the law firm for you!
Different Types of Assault Charges in Lexington, KY
Assault charges in Kentucky can vary in severity or degrees, typically categorized in terms of severity or violence.
Assault in the 4th Degree
This is usually the charge for minimal injury to the assaulted victim. In Kentucky, assault in the 4th degree in Kentucky is punishable by a maximum fine of $500 and up to 12 months in jail. If the assault is committed during an extreme emotional disturbance, the maximum fine is $250, with not more than 90 days in jail.
Assault in the 3rd Degree
This is the charge when the person is reckless with a deadly weapon or dangerous instrument and intentionally causes or attempts to cause physical injury to a police officer, teacher, probation and parole officer, or another protected individual under the statute. The penalty for assault in the 3rd degree leads to a maximum fine of up to $10,000, not less than $1,000, not more than 5 years in prison, and not less than 1 year in prison.
Assault in the 2nd Degree
This is the charge for when the assault causes permanent impairment or loss. A person may be guilty of this offense when they intentionally cause serious physical injury to another person or intentionally cause physical injury to another person utilizing a deadly weapon or a dangerous instrument. The offense is punishable by not less than $1,000, no more than $10,000, up to 10 years in prison, and no less than 5 years in prison.
Assault in the 1st Degree
This warrants a felony charge as it is characterized by an assault that causes a risk of death or prolonged or permanent disfigurement. In such instances, consulting a skilled felony charge lawyer is crucial for navigating the complex legal system. In Kentucky, assault in the 1st degree is punishable by a maximum of 20 years’ incarceration, no less than 10 years, and up to a $10,000 fine but no less than $1,000. Merely attempting this offense carries penalties to the tune of up to 10 years in prison and up to a $10,000 fine.
What Determines the Degree of the Aggravated Assault
Several factors determine the degree of the aggravated assault charge, and any experienced aggravated assault lawyer can explain this in detail. However, here is some insight into various factors and questions asked that could affect the degree of the assault charge.
Was the assault intentional, reckless, or wanton?
- If it was intentional, it means the person consciously and purposefully caused or did something to result in the assault. For example, hitting someone by accident would not be intentional, but deliberately running someone over would be intentional.
- If it is reckless, the person cannot perceive the risk and possible repercussions of their action compared to how a reasonable person would. Both must largely differ when compared.
- If it was wanton, the person is aware of the risks of certain actions that could cause assault but consciously ignores or disregards it—for example, drunk driving and hitting someone in the process.
Was the assault characterized by a physical injury or a serious physical injury?
- If it was a physical injury, the assault led to substantial physical pain or physical impairment. While a typical slap would not fall into this category, a slap that led to a broken nose would.
- If it was a serious physical injury, there was a substantial risk of death, prolonged body organ function loss or impairment, or prolonged health impairment. An assault leading to a concussion for the assaulted party falls into this category.
Was the assault caused by a dangerous instrument or a deadly weapon?
- If it was a dangerous instrument, it means it was an item or human body part that could cause serious physical injury or death. The item may not be inherently dangerous on its own but can be used to cause an assault. For example, a tennis racket used to hit someone on the head; a fist used to deliver a blow; or a glass bottle used as a weapon.
- If it was a deadly weapon, it falls under the deadly weapons cited under Kentucky’s laws. This includes bombs, chemicals, other weapons of mass destruction, clubs, batons, pocket and hunting knives, shooting weapons that could cause death, etc.
Some Situations Where Assault May Be Justifiable
There are some rare situations when certain assault can be justified. This depends largely on the incident’s details and the assaulted parties’ initial motive. Based on Kentucky Statute 503.050, a person is justified to commit assault in the situations highlighted below:
- Self-protection and of others from sexual assault or rape
- In situations where they fear their life is at risk or in danger
- Self-protection and protection of others from serious personal injury
- In a confrontation with a kidnapper.
Aggravated Assault FAQs Answered by an Aggravated Assault Attorney
Aggravated assault charges can result in severe detrimental effects really quickly. It is only normal for accused parties to have many unanswered questions. To help reduce this burden, here are a few frequently asked questions and their corresponding answers from a criminal defense professional.
What exactly is aggravated assault?
Aggravated assault is when assault leads to serious bodily injuries, especially when the assault causes serious bodily harm. It requires that the act has general intent.
What are the penalties for aggravated assault?
The penalty usually depends on the harm done, the injuries sustained by the victim, and the assaulter’s criminal record. Some common penalties are:
- Restraining orders
What could turn a simple assault into an aggravated assault charge?
This would depend on the degree of the injury caused and whether a weapon was used in the assault. Once a physical or serious physical injury occurs, it becomes an aggravated assault. This is regardless of the intent behind the assault.
Contact an Aggravated Assault Attorney in Lexington, KY
Do you need a Lexington aggravated assault attorney to help you carefully evaluate your case and give you the best representation? Our lawyers at Lexington Defense LLP are ready to help you protect yourself and assist you in bringing about the best result possible in your case.
Get reduced or dropped charges, acquittal, or reduced fines in your aggravated assault case. Get an aggravated assault lawyer TODAY; you can reach out to us via our website or call 859-685-1055 to book a consultation with us.