by Lil Evil on April 22nd, 2007

Lil Evil

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What is worse,1st degree assault or 4th degree assault

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  • by jackpipe30 on February 26th, 2009

    jackpipe30

    508.030 Assault in the fourth degree.
    (1) A person is guilty of assault in the fourth degree when:
    (a) He intentionally or wantonly causes physical injury to another person; or
    (b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
    (2) Assault in the fourth degree is a Class A misdemeanor

    *This can also be applied to domestic violence so one can be arrested for it, even if it did not occur in a police officer's presence (in DV cases). A Class A misdemeanor is punishable with up to 12 months in county jail.

    508.010 Assault in the first degree.
    (1) A person is guilty of assault in the first degree when:
    (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
    (b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.
    (2) Assault in the first degree is a Class B felony.

    *This too can be applied to domestic violence depending on the circumstances, as can 2nd Degree. Assault 3rd Degree theoretically cannot, because that is an assault on a peace officer, state worker, EMS worker, court worker, or school worker while in the performance of their duties. A Class B felony is punishable with from 10-15 years in prison.

    The short answer is that Assault 1st is much worse than Assault 4th.

    Comments
    • Again...what are your sources for this?

      Natasha_S7247

      by Natasha_S7247 on November 9th, 2010

    • Straight from the Kentucky Revised Statutes.

      jackpipe30

      by jackpipe30 on December 16th, 2010

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