Kentucky Revised Statutes

Ky. Rev. Stat. § 508.010 (2026)

Assault in the first degree

✓ current as of May 2026

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(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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 65, effective January 1, 1975.

Notes of Decisions

Cited in 143 cases (29 in the last 5 years), 1977–2026 · leading case: Bartley v. Commonwealth, 400 S.W.3d 714 (Ky. 2013).

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Bartley v. Commonwealth, 400 S.W.3d 714 (Ky. 2013). · cites it 5× “She contends, first, that *721 the assault conviction was “simply nonsensical” in that KRS 508.010, the first-degree assault statute, was not intended to apply to cases of neglect.”

Thomas v. Commonwealth, 170 S.W.3d 343 (Ky. 2005). · cites it 4× “040 provides: *347 (1) In any prosecution under KRS 508.010, 508.020 or 508.030 in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he acted under the influence of extreme…”

Joshua Hammond v. Commonwealth of Kentucky, 504 S.W.3d 44 (Ky. 2016). · cites it 3× “As instructed by the trial court and consistent with the assault definition in KRS 508.010, to convict Appellant of first degree assault, the jury had to believe from the evidence one of these two alternatives: 1) that Appellant intentionally struck the blows, or intentionally…”

Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977). · cites it 4× “020; KRS 508.010, KRS 514.100. Count one of the indictment alleged: "That on or about the 21st day of December 1975, in Jefferson County, Kentucky, both the named defendants committed the offense of criminal attempt (sic) murder of a police officer by shooting Robert Phillips, a…”

Owens v. Commonwealth, 329 S.W.3d 307 (Ky. 2011). · cites it 5× “KRS 508.010(1) states: (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 dangerous instrument; or (b) Under circumstances manifesting extreme indifference to the value…”

United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). · cites it 2× “5 ; Ky. Rev. Stat. Ann. § 508.010 (1)(b) ; Md.”

Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001). · cites it 2× “[3] KRS 508.010(1). However, Appellant's conviction of third-degree assault of Green must be reversed for a new trial at which the jury shall be instructed as an element of the offense that Appellant can be convicted of third-degree assault only if he knew at the time of the…”

Berryman v. Commonwealth, 237 S.W.3d 175 (Ky. 2007). · cites it 4× “First-degree assault, under KRS 508.010(1)(b), also requires intentional or "wanton" conduct "[u]nder 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…”

Commonwealth v. Burge, 947 S.W.2d 805 (Ky. 1997). · cites it 2× “The charge against Kenny Effinger of assault in the first degree would have required the Commonwealth to prove that he intentionally caused serious physical injury to Tonya Madry "by means of a deadly weapon or a dangerous instrument.”

Driver v. Commonwealth, 361 S.W.3d 877 (Ky. 2012). · cites it 2× “010 discloses that requiring both the "beating" element and the "choking with a belt" element may not exactly mirror the statute, though it appears that any error would have been to Driver's advantage. [10] In Section III, we discuss the trial court's denial of an extreme…”

Just. v. Commonwealth, 987 S.W.2d 306 (Ky. 1998). · cites it 4× “010; and First-Degree Assault in violation of KRS 508.010. These statutes were in effect on the date of the collision in question.”

Kiper v. Commonwealth, 399 S.W.3d 736 (Ky. 2012). · cites it 2× “See KRS 508.010. Therefore, as may easily be seen in the circumstances of this case, to convict Appellant for both attempted murder and first-degree assault, the jury had to conclude that Appellant intended to kill Burton and, at the same instant, intended not to kill him but…”

Show all 143 citing cases →

— Ky. Rev. Stat. § 508.010(1) — 20 cases

Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001). “[3] KRS 508.010(1). However, Appellant's conviction of third-degree assault of Green must be reversed for a new trial at which the jury shall be instructed as an element of the offense that Appellant can be convicted of third-degree assault only if he knew at the time of the…”

Railey v. Webb, 540 F.3d 393 (6th Cir. 2008).

Just. v. Commonwealth, 987 S.W.2d 306 (Ky. 1998). “010; and First-Degree Assault in violation of KRS 508.010. These statutes were in effect on the date of the collision in question.”

Kiper v. Commonwealth, 399 S.W.3d 736 (Ky. 2012). “See KRS 508.010. Therefore, as may easily be seen in the circumstances of this case, to convict Appellant for both attempted murder and first-degree assault, the jury had to conclude that Appellant intended to kill Burton and, at the same instant, intended not to kill him but…”

Iris Jennings v. Commonwealth of Kentucky, 490 S.W.3d 339 (Ky. 2016).

— Ky. Rev. Stat. § 508.010(1)(a) — 16 cases

Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977). “020; KRS 508.010, KRS 514.100. Count one of the indictment alleged: "That on or about the 21st day of December 1975, in Jefferson County, Kentucky, both the named defendants committed the offense of criminal attempt (sic) murder of a police officer by shooting Robert Phillips, a…”

Thomas v. Commonwealth, 170 S.W.3d 343 (Ky. 2005). “040 provides: *347 (1) In any prosecution under KRS 508.010, 508.020 or 508.030 in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he acted under the influence of extreme…”

Price v. Commonwealth, 59 S.W.3d 878 (Ky. 2001).

John Brandon Lamotte v. Commonwealth of Kentucky (Ky. Ct. App. 2025).

— Ky. Rev. Stat. § 508.010(1)(b) — 10 cases

Tharp v. Commonwealth, 40 S.W.3d 356 (Ky. 2000).

Berryman v. Commonwealth, 237 S.W.3d 175 (Ky. 2007). “First-degree assault, under KRS 508.010(1)(b), also requires intentional or "wanton" conduct "[u]nder 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…”

Commonwealth v. Morris, 142 S.W.3d 654 (Ky. 2004).

McCargo v. Commonwealth, 551 S.W.3d 439 (Ky. Ct. App. 2017).

Angela Chapman v. Commonwealth of Kentucky (Ky. 2025).

— Ky. Rev. Stat. § 508.010(13) — 1 case

Joshua Hammond v. Commonwealth of Kentucky, 504 S.W.3d 44 (Ky. 2016). “As instructed by the trial court and consistent with the assault definition in KRS 508.010, to convict Appellant of first degree assault, the jury had to believe from the evidence one of these two alternatives: 1) that Appellant intentionally struck the blows, or intentionally…”

— Ky. Rev. Stat. § 508.010(2) — 4 cases

Commonwealth of Kentucky v. Douglas Rank, 494 S.W.3d 476 (Ky. 2016).

Bryant v. Howell, 170 S.W.3d 421 (Ky. Ct. App. 2005).

Ramon D. Lindsay v. Commonwealth of Kentucky (Ky. 2019).

Jamey Cope v. Commonwealth of Kentucky (Ky. 2010).

— Ky. Rev. Stat. § 508.010(a) — 3 cases

McNeil v. Commonwealth, 468 S.W.3d 858 (Ky. 2015).

Roy Glover v. Commonwealth of Kentucky (Ky. 2022).

Gordon Strange v. Commonwealth of Kentucky (Ky. 2009).

— Ky. Rev. Stat. § 508.010(b) — 3 cases

Commonwealth v. Mitchell, 516 S.W.3d 803 (Ky. 2017).

Roy Glover v. Commonwealth of Kentucky (Ky. 2022).

Tony Lear v. Commonwealth of Kentucky (Ky. 2024).

— Ky. Rev. Stat. § 508.010(l)(a) — 12 cases

Owens v. Commonwealth, 329 S.W.3d 307 (Ky. 2011). “KRS 508.010(1) states: (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 dangerous instrument; or (b) Under circumstances manifesting extreme indifference to the value…”

Swan v. Commonwealth, 384 S.W.3d 77 (Ky. 2012).

Commonwealth v. Davidson, 277 S.W.3d 232 (Ky. 2009).

Price v. Commonwealth, 59 S.W.3d 878 (Ky. 2001).

— Ky. Rev. Stat. § 508.010(l)(b) — 14 cases

Bartley v. Commonwealth, 400 S.W.3d 714 (Ky. 2013). “She contends, first, that *721 the assault conviction was “simply nonsensical” in that KRS 508.010, the first-degree assault statute, was not intended to apply to cases of neglect.”

Owens v. Commonwealth, 512 S.W.3d 1 (Ky. Ct. App. 2017).

Schrimsher v. Commonwealth, 190 S.W.3d 318 (Ky. 2006).

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