Is Assault (4th Degree) A Felony In Kentucky? What Penalties Could I Face For An Assault (4th Degree) Conviction In Kentucky?

March 25th, 2014 by Attorney Dan Carman

Assault (4th Degree) is usually not a felony, but it is a Class A (the highest class of) Misdemeanor. This charge often arises in the context of alleged domestic violence. A person is guilty of Assault (4th Degree) when he or she:

  • Intentionally or wantonly causes physical injury to another person; or
    Recklessly causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (KRS 508.030)
  • A conviction of Assault (4th Degree) (a Class A Misdemeanor) could carry a fine of up to $500 (KRS 534.040) and a sentence of imprisonment of up to twelve (12) months. (KRS 532.090)

Significantly, if a person commits a third or subsequent offense of Assault (4th 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 (the lowest class of) felony. 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. (KRS 508.032)

If you (or a loved one) face an Assault (4th Degree) charge in Kentucky or in the Lexington area in particular, why not speak to an experienced Lexington Kentucky Criminal Lawyer for free. Call my office at (859) 685-1055 for a free consultation.