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What is a Serious Physical Injury in an Assault Case?

In Kentucky an assault charge with a minor injury is typically a misdemeanor charged as Assault, 4th Degree.  If there is a deadly weapon, the assault is against a police officer, or the injury is determined to be a serious physical injury the case is generally charged as a felony. Serious physical injury is defined as: Physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ. This Kentucky definition is a very high level, much more than a black eye or bloody nose.  An experienced defense attorney can help ascertain if a serious physical injury can be proven against a criminal defendant.  This is very significant in whether the case proceeds as a felony or a misdemeanor. If you have been charged with assault, whether first, second, third or fourth degree, you should contact an experienced criminal defense attorney as soon as possible.  In northern Kentucky, contact attorney Michael Bouldin at 859-581-MIKE (6453) or [email protected].

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