Physical altercations can escalate quickly. Oftentimes, a minor dispute can get blown out of proportion, leading to serious criminal charges in Kentucky. When such fights occur, how does the state judicial system differentiate between a misdemeanor and a felony?
What does Kentucky law say about assault charges?
Kentucky law classifies assaults into four categories – ranging from first-degree down to fourth-degree. Based on the weapon used, intention of the attack and seriousness of the injury, a prosecutor may classify a defendant’s assault into one of the four following categories:
- Assault in the first degree: Intentionally harming an individual with life-threatening injuries using a deadly weapon or engaging in wanton violence with total disregard for human life
- Assault in the second degree: Intentionally causing serious physical injury with or without a deadly weapon
- Assault in the third degree: Hurting public servants such as peace officers, EMS personnel, social workers and school employees
- Assault in the fourth degree: Intentional harming of another human being that results in basic injuries like cuts or bruises.
The state pursues felony charges if the offense meets the criteria for any of the first three degrees listed above.
What if the assault happened during extreme emotional disturbance?
Extreme emotional disturbance is a state of mind, during which a person is overcome by anger or distress. If a reasonable provocation resulted in the assault, the court may reduce the charges. However, in most cases, it is left to the judge’s discretion.
Context is key
Lawmakers write statutes with an ideal scenario in mind. However, while applying them, courts usually take context into account. Since each altercation has its own set of acts, they analyze accordingly to make a fair judgment. With an attorney experienced in criminal defense, individuals accused of assault can fight in court to get their charges dropped or reduced.