In Kentucky an assault charge is a serious charge. Assault is a felony in Kentucky and if convicted, you will be sent to prison.
Assault in Kentucky
Under Kentucky law assault is the intentional act of creating an apprehension of imminent danger or harmful contact in another person. There are four degrees of assault charges in Kentucky. Each degree of assault charge is a different class of felony.
| Assault degree | Class of Felony |
| First | B |
| Second | C |
| Third | D |
| Fourth | A |
In an assault charge in Kentucky, the prosecution must prove that you touched someone intentionally and with a dangerous weapon without the right to do so and without any provocation. The person need not be injured for you to be charged with assault.
Defense to an Assault Charge in Kentucky
In Kentucky self defense is a valid defense to an assault charge. Under Kentucky law you can use force to protect yourself if you believe such force is necessary to protect yourself against the use or impending use of unlawful physical force. Mere threat will not justify the use of force. You can use deadly force to protect yourself from rape, serious physical injury, death or kidnapping. You can plead self defense to an assault charge in Kentucky if the person against whom you used the force unlawfully and forcibly entered or was entering your residence or vehicle or was in the processing of or removing you or another person from the residence or vehicle. You must believe that there was an unlawful and forcible entry or unlawful and forcible act was being committed or was committed. In Kentucky a person does not have to retreat before the use of deadly physical force. You can use force to prevent a trespass or burglary on your property only to the extent required to stop such conduct. The force used must be reasonable and should not exceed the force required to protect yourself or another person or to prevent the unlawful conduct.
Mitigating Factors
Under Kentucky law a person charged with assault can plead extreme emotional disturbance as a mitigating factor. A first or second degree assault under normal circumstances will be a Class D felony if committed under extreme emotional disturbance.
Getting Legal Help
If you are facing an assault charge in Kentucky, contact an experienced criminal defense attorney. The attorney can study your case and advise you if you can plead self defense or extreme emotional disturbance.
