In the state of Kentucky, different levels of charges apply in assault cases. A first degree assault is a "B" felony, punishable by a prison term ranging from 10 - 20 years. Assault in the 1st degree requires prosecutors to prove that a defendant "intentionally caused serious physical injury", using a "deadly weapon" (or a "dangerous instrument").

Did the defendant "intend" to harm? Was there "serious physical injury"? Was the weapon used considered "deadly", or the instrument dangerous? If the answer to these questions can be proven as "no", the assault is something less than first degree. Because these matters are not entirely black and white, you need an attorney to help prove the answers to these important questions in your favor.

If so, the charges can be brought down to "Assault under Extreme Emotional Disturbance", which is a Class B Misdemeanor, punishable by up to 90 days in jail. The degree of assault charges brought depends on (a) the mental state of the defendant (b) the nature of the resulting harm, and (c) the means by which harm is inflicted.

Serious Physical Injury - Some injuries are obviously serious, while others are less easy to clearly establish. Using the evidence available to them, the prosecution must prove that the injury was a "serious physical injury" in order to obtain a conviction for first-degree assault.

Deadly Weapon or Dangerous Instrument - A knife, a gun - these are clearly examples of a deadly weapon or a dangerous instrument. As with physical injuries, other instruments might be subject to debate as to the harm they might be expected to inflict. Many items can be considered a dangerous instrument - it all depends on the manner in which the item is used.

Mental state of defendant - Most car accidents are not considered crimes (unless alcohol or drugs are involved), because there typically is no "intent" to injure that person. However, a plot to hit someone with a vehicle provides a "mental state" that is criminal (making the vehicle a dangerous instrument).

There degrees of mental state vary in assault cases. The level determines the degree of the crime. States of extreme emotional disturbance, for example, can serve to reduce the severity of the charges.

Absolute Defenses - In some assault cases, the defendant might prove they did not intend to cause serious physical harm, or acted in self defense. Charges in these cases may be amended to reflect the facts in the case and could be reduced. Even a violent act, if in self-defense, may be a complete defense against a defendant, resulting in an acquittal or the charges being dismissed. Self-defense is also known as an affirmative defense, but must be presented to the court in a timely manner and consistent with the Kentucky Rules of Criminal Procedure.

Investigative Efforts - The key to bringing a viable, effective criminal defense starts with strong investigative techniques. If you have been charged with assault, we start with a careful evaluation of all the circumstances leading to the incident to determine which defenses are viable. Zan Wilson takes the time to thoroughly pursue all of your defenses, including statements from witnesses, a review of their backgrounds, any criminal histories and other important facts.

The physical evidence is also of critical importances...such as fingerprints, photographs, video surveillance, or laboratory reports. This evidentiary gathering is followed-up with the filing of the appropriate motions and notices to the Court on your behalf.

If you have been arrested or are under investigation for assault, battery, stalking, terroristic threats, or domestic abuse, as examples, give me a call. I can help.