Have you or a loved one been arrested for assault in Campbell County, KY? The only way to protect yourself is by asserting a vigorous defense from the very start. The skilled Campbell County assault defense lawyers at Suhre & Associates can help.
Our lawyers have been fighting on behalf of the people of Campbell County, Kentucky for years. Contact our defense firm to schedule a free consultation to find out how we might be able to help you fight assault charges today.
Why You Should Call Our Campbell County Criminal Defense Attorneys If You’re Facing Charges For Assault
When facing assault charges, the sooner you contact an experienced Campbell County criminal defense lawyer, the sooner we can begin working to build the best possible defense for you. At Suhre & Associates, we approach each case with vigor and dedication.
While each case is different, there is one thing that remains constant and that is the need for an experienced defense attorney on your side who understands what Kentucky’s assault laws require. Being arrested for assault in Campbell County, Kentucky is only the start of a lengthy and complex criminal process. Let the lawyers at Suhre & Associates simplify the process for you.
When you hire Suhre & Associates, here’s what you’ll get:
- A team of lawyers whose practices are dedicated exclusively to criminal defense;
- Years of combined experience defending assault and other crimes in Campbell County;
- Former law enforcement on your team, who understand the complexities of assault charges;
- Hundreds of jury trials successfully completed; and
- A “10 out of 10” rating on Avvo (attorney Joe Suhre).
If you are ready to learn more about how we can help defend you against an accusation of assault, call us now. We welcome the opportunity to assist you during this challenging time.
What is Assault?
While Kentucky in general enjoys lower crime rates than the national averages, assault is the most prevalent violent crime in the state.
In Kentucky, assault occurs when a person physically injures or, in some cases, attempts to injure another person, without legal justification. A common misconception surrounding assault is that it requires physical contact – which it does not. Unlike battery, you can be charged with the crime of assault for the mere attempt to cause harm. The four different degrees of assault are:
First Degree Assault
First degree assault occurs when a person intentionally inflicts a serious physical injury on a victim by using a deadly weapon or dangerous instrument or wantonly engages in conduct which creates a grave risk of death to another person thereby causing serious physical injury under circumstances showing extreme indifference to human life. It is the most serious of all of the assault crimes, and therefore has the most severe possible punishments. Assault in the first degree is a Class B felony.
Second Degree Assault
Second degree assault occurs when a person intentionally causes serious physical injury to another person or by means of a deadly weapon or dangerous instrument or wantonly causes serious physical injury to another person by means of a deadly weapon or dangerous instrument. Assault in the second degree is a Class C felony.
Third Degree Assault
Third degree assault occurs when a person recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to:
- A peace officer;
- An employee of a detention facility/treatment facility;
- A social worker (if the assault occurs while performing job-related duties);
- A paid volunteer or emergency medical service provider (if the assault occurs while performing job-related duties);
- A paid or volunteer firefighter if the assault occurs while performing job-related duties);
- A paid or volunteer rescue personnel (if the assault occurs while performing job-related duties);
- A probation or parole officer;
- A transportation officer appointed by the county/legislative body to transport inmates;
- A public or private school teacher, bus driver, or district employee acting within the scope of employment; or
- A public or private school volunteer acting within the scope of volunteer service.
Assault in the third degree includes additional categories for crimes committed by persons confined in a detention facility and the infliction of physical or otherwise mistreatment of employees of the facility or peace officer.
Assault in the third degree is a Class D felony except for the crimes committed by persons confined in a detention facility/against employees of the facility or peace officers which are a Class B misdemeanor unless certain extraneous factors are present, in which case it is a Class A misdemeanor. (Ky. Rev. Stat. § 508.025)
Fourth Degree Assault
Assault in the fourth degree occurs when a person intentionally or wantonly causes physical injury to another or with recklessness, causes physical injury by means of a deadly weapon or dangerous instrument. Assault in the fourth degree is a Class A misdemeanor.
You’ll notice the use of the word “wantonly” in several of the above definitions. Wanton conduct occurs when a person is “aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstances exist” – in other words, the accused recognized the possibility that harm could result but did the act anyway.
A “dangerous instrument” means an item or part of the human body that causes serious physical injury and that could cause death or serious physical injury. For example, a hammer would likely be considered a dangerous instrument if it was used to bash someone in an effort to seriously injure them.
Additionally, under Kentucky’s laws, “deadly weapons” include weapons of mass destruction (bombs and chemical, biological, and radioactive weapons), shooting weapons that can cause death or serious physical injury, knives other than hunting and pocket knives, clubs and batons, nunchakus, throwing stars, and rigid artificial knuckles, etc.
What Are the Punishments for Assault?
Assault in the first degree is a Class B felony, punishable by a term of imprisonment of not less than 10 but no more than 20 years in prison. Assault in the second degree is a Class C felony, punishable by a term of imprisonment of not less than 5 but no more than 10 years in prison.
Assault in the third degree is a Class D felony, punishable by a term of imprisonment of not less than 1 year but no more than 5 years in prison. Assault in the fourth degree is a Class A misdemeanor, punishable by a term of imprisonment of not more than 12 months in jail.
Factors such as the severity of the injury, seriousness of the crime, and the accused’s criminal history will be considered in determining the appropriate punishment.
If you or a loved one have been charged with assault at Northern Kentucky University or elsewhere Campbell County, Kentucky, it is important to speak with an experienced criminal defense assault lawyer as soon as you can. A criminal conviction for assault can be embarrassing and inconvenient, and you may also face jail time, fines, or additional penalties.
While it is not always possible to avoid criminal prosecution, an experienced lawyer will help you navigate the often overwhelming process and may reduce your charges or facilitate the negotiation of a plea bargain in lieu of a guilty verdict.
How Can I Defend Myself If I’m Facing Assault Charges in Campbell County, Kentucky?
Depending on the facts specific to your arrest, there are a plethora of defenses that may be available to you. Our experienced lawyers will analyze the facts and evidence particular to your case to identify which defenses are likely to be the most successful. Our team will gather evidence, utilize experts, medical professionals, witnesses, and more to build the strongest defense for you. Common examples of defenses to assault charges are:
- Self defense;
- Defense of others;
- Defense of property;
- Impossibility (the alleged act could not have actually caused an assault);
- Accidental (not willful) touching;
- Illegal arrest or failure of law enforcement to administer Miranda rights; and
- Mistaken identity.
Your lawyer will examine the evidence against you to determine flaws in the prosecution’s case, will interview witnesses, and work tirelessly to defend, dismiss, or reduce the criminal charges against you. If a conviction is unavoidable, your assault lawyer will negotiate the best possible deal for you, and provide you with strong representation during trial.
Your Next Step When Facing Assault Charges in Campbell County, Kentucky
Navigating the criminal process can be daunting, especially if this is your first offense. When you hire an assault lawyer with Suhre & Associates, you’re not only hiring someone to fight for you, but you’re also hiring someone who can offer insight and guidance on a process that he has been through hundreds of times before.
Founded by a former police officer, our northern Kentucky law firm provides unparalleled legal advice and assistance. We know how the state operates because we’ve been on the other side of the law. That’s invaluable insight and knowledge that allows us to get the very best results for our clients.
We know that you probably have a million questions. That’s why we offer a free consultation to clients across northern Kentucky, including those in Kenton County, Campbell County, and Boone County. Contact our Campbell County to discuss your case with our criminal defense team specializing in assault at no charge today.