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What is Penalty for Second Degree Assault in Kentucky?

Second degree assault in Kentucky is a Class C Felony and the penalty is 5-10 years of incarceration and up to $10,000 fine.  Assault, 2nd (A2nd) degree can be assault with a deadly weapon or dangerous instrument or assault with serious physical injury. KRS 508-020 defines Assault in the second degree. (1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the second degree is a Class C felony. Serious physical injury is defined by statute and requires specific and detailed injuries. A "dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury. Assault first degree, A1st, requires both a deadly weapon AND serious physical injury.  Assault Fourth - A4, is a misdemeanor and is physical injury to another without a dangerous instrument or deadly weapon.  There are other issues which must be addressed to determine if a case should proceed to a JURY trial, bench trial or alternative resolution.  It is generally advisable to utilize the services of a local attorney so that you can understand the pros and cons and base your decision in part on which judge and that attorney's experience. If you have been charged with assault (first, second, third or fourth) you need an attorney.  For consultation about your case in Northern Kentucky, call lawyer Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

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