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  1. #1
    Join Date
    Mar 2009
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    2

    Default What is the Typical Sentence for 4th Degree Assault

    My question involves criminal law for the state of: Kentucky

    My boyfriend of six months claims that I tried to kill myself by overdose. However, I did not, but was forced by him to go to the ER. A doctor never saw me, the nurse gave me charcoal to drink and I was free to leave in less than an hour. Hours after this, my boyfriend got drunk while I was asleep and woke me up. He flipped out and threw me all over our apartment. Everytime I tried to get out of the apt. to get away, he pulled me back in, or physically picked me up and threw me back in. After an hour of this, I managed to get outside and scream for help. A neighbor came over (who happened to be my boyfriends best friend) and I was able to get away. When I was leaving, my boyfriend jumped in front of my car and jumped on the windshield and now claims that I ran him over. The police looked at the damages to the car and said that this damage couldn't have occured if I hit him unless I was doing about 40 mph. I had just shifted into first gear when he did this. My car wasn't even moving. Also, there is no other damage to the car other than the windshield being shattered. He has been charged with 4th degree assault and I was wondering what type of sentence is usually given for this offense. Note: I also have pictures taken by the police of my injuries the night this happened and was advised to take pictures again after a few days had passed. I have a bruise and a knot on my hip, my upper arm, my chest, and 3 on my legs. I also have a huge scrape on my elbow.

  2. #2
    Join Date
    Sep 2005
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    74,384

    Default Re: What is the Typical Sentence for 4th Degree Assault

    Had you hit him at 40 MPH, his injuries would be extremely serious. You're not charged with anything?

    His sentence depends upon factors including your injuries and his own record. He should be talking to a criminal defense lawyer. As you're the victim, the prosecutor handling the case should be able to advise you of their position on plea bargains and sentencing. Assault in the fourth degree is a Class A misdemeanor, though, meaning the maximum sentence is up to 12 months imprisonment and/or fine up to $500.

    Have you considered starting to refer to this person as your ex-boyfriend?

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: What is the Typical Sentence for 4th Degree Assault

    Quote Quoting Mr. Knowitall
    View Post
    Had you hit him at 40 MPH, his injuries would be extremely serious. You're not charged with anything?

    His sentence depends upon factors including your injuries and his own record. He should be talking to a criminal defense lawyer. As you're the victim, the prosecutor handling the case should be able to advise you of their position on plea bargains and sentencing. Assault in the fourth degree is a Class A misdemeanor, though, meaning the maximum sentence is up to 12 months imprisonment and/or fine up to $500.

    Have you considered starting to refer to this person as your ex-boyfriend?
    Thank you for replying to my question. No, I have not been charged with anything. He made threats to charge me with "attempted vehicular murder" (his words, not mine), but to my knowledge no charges have been brought against me. I have nothing on my criminal background. However, he has been in trouble since about the age of 15. Every one of the police officers I have spoken to have dealt with him as a juvenile. And it is my understanding that he is on probation in Georgia for a misdemeanor. I'm not sure what the charge is exactly. The police took pictures of the damage to myself and the car. I also re-took those pictures yesterday. I was just curious of the sentencing because he violated the protective order by calling me and sending me messages on Myspace, so I went to the county attorney and filed an affidavit for an arrest warrant, and the judge refused to sign it. He said he was not being threatening and that he "wasn't going to have him arrested for telling me he loved me and missed me." It was my understanding that it didn't matter what he said, but that he said anything to me at all. Now I'm worried that the judge is going to do nothing more than give him a slap on the wrist. Thanks again.

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