Legal Question in Criminal Law in Kentucky
Not sure if my charge is a felony.
Three years ago, I was convicted of aggravated assault (4th). I am embarrassed to admit that I do not know if this is a felony or a misdemeanor. Therefore, I am having some difficulty when applying for jobs.
1 Answer from Attorneys
Re: Not sure if my charge is a felony.
"Assault in the fourth degree" is covered by Kentucky Revised Statute Section 508.030. It is a Class A misdemeanor. None of the "assault" statutes in Kentucky refer in their title to "aggravated" assault, so I am assuming that the word "aggravated" got added incorrectly.
Be aware that, assuming the conviction was a misdemeanor (which it was if it was Assault 4th) you may eventually be able to expunge your record. KRS 431.078 sets forth the rules regarding expungement of misdemeanors. Subsection two of the statute states that the petition to expunge must be filed no sooner than five years after the sentence OR the successful completion of probation, whichever occurs first.
There are, of course, other requirements as listed in the statute.
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