Northern Kentucky assault lawyers at Suhre & Associates are prepared to defend your freedom and reputation when the state has charged you with a criminal offense. Our criminal defense attorneys serving Northern KY have a reputation for hard fought trial victories, so prosecutors know they can’t push us around.
At Suhre & Associates, we believe you are entitled to ALL of your constitutional rights ALL the time. At its worst, sloppy police work leads to wrongful accusations. At its best, sloppy police work means your constitutional rights were violated.
Our assault lawyers understand how scary it is to be accused of a crime. Get in touch with us today for your free initial consultation to learn how we can help you, contact our law office here.
How Can Suhre & Associates Help With Assault Charges in Northern Kentucky?
Whether you have been charged with felony assault or misdemeanor assault, the Northern Kentucky criminal defense lawyers at Suhre & Associates know what to do. This is because we have decades of experience in the criminal justice system. Our team consists of former prosecutors, former police officers, and career criminal defense attorneys.
Working together, we use our wide range of experience in criminal law to our client’s advantage. Founding attorney Joe Suhre was a police officer for five years prior to attending law school.
After 20+ years as a criminal defense lawyer, he still uses his law enforcement training to break down police actions step by step.
If investigators cut corners or violated your rights, Joe will find it and expose it to the jury. We understand that sometimes the best defense strategy is simply exposing missteps and unlawful actions by police, and shining a spotlight on them. However, other strategies need to be paired with this “spotlighting” technique for a full defense.
Some things we may do in your assault case, when appropriate, include:
- Fighting for your release on favorable bail terms
- Dispatching our own investigators to find out what happened
- Analyzing every shred of evidence prosecutors have against you
- Filing motions to suppress evidence and statements obtained in violation of your rights
- Taking your case to trial to prove your innocence
For felony and misdemeanor assault charges, it is often necessary to take a case to trial. Because assault allegations involve a victim who was injured, prosecutors are less willing to negotiate for a reduction or dismissal in charges.
However, our team understands how to negotiate these cases, and we will do everything we can to achieve a favorable resolution out of court if it aligns with your goals.
Once criminal charges have been filed the case is not going to magically go away. The only thing standing between you and serious jail time is your criminal defense lawyer. Contact our Northern KY law firm right away so we can get started building your defense.
What Does the State Have to Prove to Convict You of Assault?
There are four different types of assault in Northern Kentucky.
In order of most to least serious, these four assault crimes are:
- Assault in the First Degree (Class B Felony)
- Assault in the Second Degree (Class C Felony)
- Assault in the Third Degree (Typically Class D Felony, Class A or B misdemeanor in narrow circumstances)
- Assault in the Fourth Degree (Class A Misdemeanor)
The elements that the state must prove to convict someone of assault are different for each type of assault. Regardless of which type of assault you have been charged with, each element needs to be proven beyond a reasonable doubt.
You will need to work closely with your criminal defense attorney to understand the type of assault charge you are facing. The criminal complaint you receive in court should state the classification of the crime.
The seriousness of the assault crime increases as the culpability of the defendant increases and as the severity of the injuries to the victim increase. Culpability means criminal responsibility, or blameworthiness. For instance, intentionally hurting someone is generally considered more culpable than accidentally hurting someone.
While each assault charge is unique, the basic elements of the typical assault charge can be summarized as follows:
- The defendant
- Intentionally OR wantonly OR recklessly
- Caused serious physical injury OR physical injury to another person
- With or without a deadly weapon or dangerous instrument
Causing serious physical injury is generally punished more severely than a minor injury. Likewise, using a deadly weapon or dangerous instrument in an assault is generally punished more severely than not using a dangerous instrument.
Because each type of assault can be charged in many different factual situations, you must carefully review your assault charge with your attorney to determine the elements in your case.
Suhre & Associates has helped hundreds of clients facing serious felony and misdemeanor assault charges. When the state has you in its sights they are not going to rest until they put you behind bars. Our team believes that you are 100% innocent unless proven guilty, which means we fight with everything we’ve got to beat the charges against you.
What are the Penalties If You Are Convicted of Assault in Kentucky?
The penalties for assault in Northern Kentucky can be extremely serious. It is critical to hire aggressive legal counsel like the attorneys at Suhre & Associates as quickly as possible. Police may try to downplay the seriousness of an investigation, and act disinterested. They may tell you that cooperating will help you.
Don’t give in—you should never speak to police about an investigation without your lawyer present. All they want is to gain your trust so you incriminate yourself. Then they will use your statement against you in court. Assert your right to remain silent and call our Northern Kentucky criminal assault attorneys right away for help.
An assault could be either a misdemeanor or felony, depending on the circumstances.
Penalties for assault in Kentucky are as follows:
|First Degree Assault||Class B Felony||10 – 20 years prison; $1,000 – $10,000 fine|
|Second Degree Assault||Class C Felony||5 – 10 years prison; $1,000 – $10,000 fine|
|Third Degree Assault||Class D Felony, Class A or B misdemeanor in narrow circumstances||Class D Felony: 1 – 5 years prison; $1,000 – $10,000 fineClass A Misdemeanor: Up to 12 months jail; $500 fineClass B Misdemeanor: Up to 90 days jail; $250 fine|
|Fourth Degree Assault||Class A Misdemeanor||Class A Misdemeanor: Up to 12 months jail; $500 fine|
Additional penalties can include lengthy probation and parole in addition to jail or prison time. Probation and parole come with numerous conditions. Failing to follow them can mean an arrest warrant with your name on it. Payment of restitution is also a common penalty in assault cases due to medical bills.
Suhre & Associates will fight as hard as we can to prevent a criminal conviction and the imposition of these penalties. We know how scary this is, but when you hire our team, you don’t have to face this alone.
How Can You Defend Against Assault Charges in Northern Kentucky?
There are many different ways to defend against assault charges. When you’ve been charged with a crime, our Northern KY assault attorneys will work closely with you to understand your side of the story and fight for your innocence. Every case is different and needs its own unique defense.
Some ways we have defended assault cases in the past include:
- Proving you were misidentified by witnesses or security footage
- Proving self defense
- Arguing that police violated your Fourth Amendment right against unreasonable searches
- Arguing that police violated your Fifth Amendment rights against self incrimination
- Showing that you did not have the necessary mental state the state needs to prove to convict you (i.e. no intent, no recklessness, or no wanton misconduct)
These are just some of the ways prosecutors can fail to meet their burden of proof to convict you. While you technically have the presumption of innocence on your side and don’t need to prove anything, we understand that it is best to stay on the offensive and actively fight to prove your innocence with our own evidence.
When investigators violated your constitutional rights we may be able to get important evidence thrown out of court. For instance, if police interrogated you after an arrest without a Miranda warning, incriminating statements should not be used in court against you.
If someone attacked you, you may have been justified to defend yourself. However, a self defense strategy is an “affirmative defense” which means you admit you were there, a serious concession.
For this reason, you should never try to build a defense on your own. You may not understand all the implications of a particular strategy, and really need an experienced lawyer watching your back.
Remember to invoke your right to remain silent, then call Suhre & Associates for your free consultation.
Contact Suhre & Associates Today
Northern Kentucky assault lawyer Joe Suhre and his team will fight for you when the full weight of the government is against you. Whether you are facing First Degree Assault, Second Degree Assault, Third Degree Assault, or Fourth Degree Assault charges, our team has decades of experience and knows what steps to take to build your defense.
Do not waste any time wondering what to do. Investigators are actively building their case against you. If you’re facing criminal charges, contact our Northern KY law office right away to get aggressive criminal defense attorneys fighting for your rights and innocence.