If a person has two prior assualt 4th degree in KY and is arrested again a third time in four years,would the third charge be be deemed a felony ?

Asked on June 8, 2009 under Criminal Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

For a third or subsequent assault within a 5 year period, an assault will be treated as a felony it was against a family member.  This includes a member of an unmarried couple.

Here's a link to the applicable statute: http://www.lrc.ky.gov/KRS/508-00/032.PDF

If no family member was involved I could find no statute that would enhance the penalty from a misdemeanor to a felony.  You may want to consult with an attorney in your area.  He may know of some other provision in Kentucky law of which I am unaware.

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