Lexington Assault Defense Lawyer
If you are facing assault charges in Lexington, Kentucky, the threat of possible legal repercussions can be frightening. At Oakley & Oakley, LLC, I will fight to protect your constitutional rights. Call me, Jay Oakley, a Lexington assault defense lawyer, at . An assault conviction can devastate both your personal and professional life. If you want to protect your future, you need me on your side. Contact my law office to schedule a free consultation today.
Why Hire Oakley & Oakley, LLC, To Defend Against An Assault Charge?
At Oakley & Oakley, LLC, I take assault charges very seriously. I examine your case thoroughly and consider possible defenses from a number of different angles. The details and variables involved in assault cases offer me an opportunity to design a strong defense strategy based on the many different options available. Your mental state, who was injured, the weapon used, whether it was self-defense and many other aspects are important to your defense. As a criminal defense lawyer in Lexington, I have seen everything. I know what to look for, and I leave no stone unturned in seeking any and all evidence available to exonerate you. I am skilled when it comes to working to get you the best possible outcome in your situation, whether that is dropped charges, reduced charges, a plea deal or a reduction in sentence. If you have been accused of assault and battery in Lexington, I can help. I am well-known for my aggressive approach to criminal cases and willingness to go toe-to-toe with prosecutors. I do not back down. I am relentless in my pursuit of the best possible outcome for my clients – every client, every time. Contact my firm today to learn how I can help you.
What Constitutes Assault?
In Kentucky, assault is a deliberate act that causes harm to another individual. Even just an attempt to cause harm can also be considered assault. Assault may be intentional or wanton. Intentional assault is when a person’s objective is to engage in the act of harming another or to bring about such a result. An accident is not intentional conduct. While assaulting someone in self-defense is intentional conduct, the law recognizes it as a complete defense to an assault charge. Wanton conduct occurs when a person disregards a substantial or unjustifiable risk that harm will occur. The risk involved in wanton conduct must be significant enough that ignoring it would constitute a substantial departure from what a reasonable person would have done in a similar situation.
What Are the Penalties For Assault In Kentucky?
Assault charges are divided into four distinct penalty categories. Each level carries varying penalties, depending on severity:
According to Kentucky law, causing deliberate physical injury to another person is considered a fourth-degree assault. This is the least damaging criminal assault offense; injuries do not have to be sustained by the person making the accusation for the client to face charges. Fourth-degree assault is a Class A misdemeanor. If you are convicted of fourth-degree assault, you will be facing up to a $500 fine and 12 months in jail. There is an exception for those who commit subsequent fourth-degree assault crimes. These individuals can be charged a $1,000 to $10,000 fine, have charges upped to a felony and spend from one to five years in prison.
An individual faces assault in the third degree when the crime the client is accused of having committed is against any state government worker. These workers include:
- An employee of the Department of Community Based Services who is employed as a social worker
- Paid or volunteer emergency medical services personnel acting on the job
- Staff at detention centers
- A paid or volunteer member of an organized fire department
- Paid or volunteer rescue squad personnel affiliated with the Kentucky Emergency Management division or the Kentucky Department of Military Affairs
- A probation and parole officer
- Security in residential treatment centers
- A transportation officer providing inmate transportation
- Public or private elementary or secondary school employees (including bus drivers)
- Public or private elementary or secondary school volunteers
- Peace officers
Assault on these workers is a third-degree Class C misdemeanor. If the assault involves bodily fluids including vomit, blood, saliva, semen, mucus, etc., then the charge is raised to a Class A misdemeanor. If convicted of third-degree assault, you could face a fine of up to $10,000 and a sentence of up to five years in prison.
An assault in the second degree is a charge in which serious physical harm is sustained. An assault with a deadly weapon can also face charges of second-degree assault. Assault in the second degree is a Class C felony. This charge may result in a minimum fine of $1,000 and a minimum sentence of five years in prison.
First-degree assault is the most serious type of assault. First-degree assault means that the individual caused severe bodily harm with a deadly weapon. Or, this could mean that the accused physically assaulted an individual in a manner that showed no regard for human life, putting them in grave danger. First-degree assault is a Class B felony charge. An individual convicted of first-degree assault could face a minimum of 10 years in prison and up to a $10,000 fine. Even attempting to cause grave harm could result in a first-degree assault accusation.
Criminal Charges Related To Assault In Lexington
Assault is a crime that, many times, is not charged on its own. Rather, defendants often face charges for several related or similar offenses. In Lexington, strangulation and wanton endangerment often fall into that category.
Purposely blocking circulation, including the nose or mouth, or exerting pressure on the throat is a criminal offense that can result in either a Class C or Class D felony, depending on the severity of the victim’s injuries.
These cases are similar to physical assault cases. However, these charges consist of putting another individual at risk of harm. Charges depend on the severity of the risk, whether the individual is at risk of serious bodily harm or the individual’s life is recklessly put in danger. When the individual’s life is in danger, it is considered first-degree wanton endangerment, a Class D felony. First-degree wanton endangerment can carry hefty fines of up to $10,000 and result in a sentence of up to five years in prison. Putting an individual at risk of harm is less severe and is classified as second-degree wanton endangerment, a Class A misdemeanor. Although it is a lesser charge, a second-degree wanton endangerment charge could still result in a $500 fine and up to a year behind bars.
Situations In Which Assault May Be Justified
Some clients are faced with assault accusations, despite the fact that they are justified in their actions based on the circumstances surrounding the incident. According to Kentucky Statute 503.050, an individual is permitted to commit assault in the following situations:
- To protect themselves from rape or sexual assault
- When they fear their life is in danger
- To protect themselves from serious personal injury
- If confronted by a kidnapper
This statute also allows for the admission of previous charges to be valid in the courtroom. It is completely justifiable to protect yourself, even with violence, when you feel that you or your family members are in danger. Let me help you get these charges dropped in the event that your assault charges are the result of self-defense or other justifiable reasons.
Call Me Today
An assault conviction can ruin your future, your reputation and your family. At Oakley & Oakley, LLC, I am knowledgeable and trained to handle these cases. No matter your circumstances, whether they involve self-defense or a simple mistake, I will fight to get these charges dropped or lowered to a less damaging charge. Your life is important, and I do everything possible to ensure that your assault charges do not do permanent damage. If you are facing accusations of assault, I am one of the best in the business. Ensuring that my clients get strong legal defense during some of the worst moments of their lives is what I do. Each client is a priority to me, and I take care to keep them informed throughout the process. You can reach me anytime for answers to questions, legal advice or updates on how your case is progressing. Call Oakley & Oakley, LLC, today to get a tough defense against your assault charges. Trust in me to go to battle for you. I never give up until I have done everything I can do to help you.