Kentucky Revised Statutes

Ky. Rev. Stat. § 508.020 (2026)

Assault in the second degree

✓ current as of May 2026

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(1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the second degree is a Class C felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 66, effective January 1, 1975.

Notes of Decisions

Cited in 98 cases (23 in the last 5 years), 1977–2026 · leading case: Barth v. Commonwealth, 80 S.W.3d 390 (Ky. 2001).

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Barth v. Commonwealth, 80 S.W.3d 390 (Ky. 2001). · cites it 6× “KRS 508.020(1)(a),(b), and (c). Since Jackson did not suffer a serious physical injury, as that term is defined in KRS 500.”

Commonwealth v. Davidson, 277 S.W.3d 232 (Ky. 2009). · cites it 8× “Here, the "insufficiency of the evidence," as determined by the majority, was precipitated by its concurrent holding that guilt for beating someone with one's "fist" under a second-degree assault instruction (KRS 508.020) can only be established by proof of "serious physical…”

Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004). · cites it 4× “Appellant was subsequently convicted by a Jefferson Circuit Court jury of assault in the second degree (wanton) ("assault 2nd"), a Class C felony, KRS 508.020(1)(c) and (2); operating a motor vehicle while under the influence of intoxicants (fourth offense) ("DUI 4th"), a Class…”

David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016). · cites it 2× “KRS 508.020. But the same person is guilty only of a misdemeanor if the jury determines that he or she intentionally inflicted only physical injury upon a person.”

Swan v. Commonwealth, 384 S.W.3d 77 (Ky. 2012). · cites it 3× “Owens does not claim that he was entitled to an instruction on second-degree assault under the theory of having intentionally caused a serious physical injury without a deadly weapon or dangerous instrument, KRS 508.020(l)(a), or wantonly causing a serious physical injury with a…”

Taylor v. Commonwealth, 995 S.W.2d 355 (Ky. 1999). · cites it 4× “KRS 508.020(1) defines assault in the second degree as follows: A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly…”

Murphy v. Commonwealth, 50 S.W.3d 173 (Ky. 2001). · cites it 4× “KRS 508.020 provides, in pertinent part: (1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a…”

Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977). · cites it 4× “020(2) provides: "A defendant may be convicted of an offense that is included in any offense with which he is formally charged. An offense is so included when: (a) It is established by proof of the same or less than all the facts required to establish the commission of the…”

Smith v. Commonwealth, 370 S.W.3d 871 (Ky. 2012). · cites it 5× “020), and to second-degree assault (KRS 508.020). 2 He presented a defense that he did not know in advance of the burglary that his associates would use force or weapons against Dublin.”

United Specialty Ins. Co. v. Cole's Place, Inc., 936 F.3d 386 (6th Cir. 2019). “Ky. Rev. Stat. § 508.020(1). Therefore, Taylor pled guilty to a 9Indeed, Cole’s Place’s own brief appears to acknowledge an intentional shooting.”

Schrimsher v. Commonwealth, 190 S.W.3d 318 (Ky. 2006). · cites it 3× “Appellant additionally argues that there was insufficient evidence to convict him of second-degree assault for causing the leg fractures because KRS 508.020 requires a “serious physical injury,” and no reasonable jury could conclude that the leg fractures constituted a “serious…”

Commonwealth v. Burge, 947 S.W.2d 805 (Ky. 1997). · cites it 2× “KRS 508.020. 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.”

Show all 98 citing cases →

— Ky. Rev. Stat. § 508.020(1) — 9 cases

Taylor v. Commonwealth, 995 S.W.2d 355 (Ky. 1999). “KRS 508.020(1) defines assault in the second degree as follows: A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly…”

Commonwealth v. Berry, 184 S.W.3d 63 (Ky. 2006).

United States v. Christian Alvarado-Martinez, 713 F. App'x 259 (5th Cir. 2017).

Jones v. Commonwealth, 737 S.W.2d 466 (Ky. Ct. App. 1987).

— Ky. Rev. Stat. § 508.020(1)(a) — 6 cases

Barth v. Commonwealth, 80 S.W.3d 390 (Ky. 2001). “KRS 508.020(1)(a),(b), and (c). Since Jackson did not suffer a serious physical injury, as that term is defined in KRS 500.”

Young v. United States (E.D. Ky. 2023).

James T. Hinman II v. Commonwealth of Kentucky (Ky. 2016).

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

Feodis Beal v. Commonwealth of Kentucky (Ky. Ct. App. 2023).

— Ky. Rev. Stat. § 508.020(1)(b) — 13 cases

Barth v. Commonwealth, 80 S.W.3d 390 (Ky. 2001). “KRS 508.020(1)(a),(b), and (c). Since Jackson did not suffer a serious physical injury, as that term is defined in KRS 500.”

Luttrell v. Commonwealth, 554 S.W.2d 75 (Ky. 1977). “020(2) provides: "A defendant may be convicted of an offense that is included in any offense with which he is formally charged. An offense is so included when: (a) It is established by proof of the same or less than all the facts required to establish the commission of the…”

McDaniel v. Commonwealth, 415 S.W.3d 643 (Ky. 2013).

Souder v. Commonwealth, 719 S.W.2d 730 (Ky. 1986).

— Ky. Rev. Stat. § 508.020(1)(c) — 12 cases

Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004). “Appellant was subsequently convicted by a Jefferson Circuit Court jury of assault in the second degree (wanton) ("assault 2nd"), a Class C felony, KRS 508.020(1)(c) and (2); operating a motor vehicle while under the influence of intoxicants (fourth offense) ("DUI 4th"), a Class…”

Thomas v. Commonwealth, 170 S.W.3d 343 (Ky. 2005).

Murphy v. Commonwealth, 50 S.W.3d 173 (Ky. 2001). “KRS 508.020 provides, in pertinent part: (1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a…”

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

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

— Ky. Rev. Stat. § 508.020(2) — 1 case

Destinee Rice v. Commonwealth of Kentucky (Ky. Ct. App. 2025).

— Ky. Rev. Stat. § 508.020(a) — 2 cases

Heard v. Commonwealth, 217 S.W.3d 240 (Ky. 2007).

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

— Ky. Rev. Stat. § 508.020(b) — 4 cases

Heard v. Commonwealth, 217 S.W.3d 240 (Ky. 2007).

Fields v. Commonwealth, 219 S.W.3d 742 (Ky. 2007).

Rowe v. Commonwealth, 50 S.W.3d 216 (Ky. Ct. App. 2001).

United States v. Henry Shell (6th Cir. 2021).

— Ky. Rev. Stat. § 508.020(c) — 1 case

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

— Ky. Rev. Stat. § 508.020(l)(a) — 4 cases

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

Swan v. Commonwealth, 384 S.W.3d 77 (Ky. 2012). “Owens does not claim that he was entitled to an instruction on second-degree assault under the theory of having intentionally caused a serious physical injury without a deadly weapon or dangerous instrument, KRS 508.020(l)(a), or wantonly causing a serious physical injury with a…”

Barth v. Commonwealth, 80 S.W.3d 390 (Ky. 2001). “KRS 508.020(1)(a),(b), and (c). Since Jackson did not suffer a serious physical injury, as that term is defined in KRS 500.”

Owens v. Commonwealth, 329 S.W.3d 307 (Ky. 2011).

— Ky. Rev. Stat. § 508.020(l)(b) — 11 cases

Commonwealth v. Davidson, 277 S.W.3d 232 (Ky. 2009). “Here, the "insufficiency of the evidence," as determined by the majority, was precipitated by its concurrent holding that guilt for beating someone with one's "fist" under a second-degree assault instruction (KRS 508.020) can only be established by proof of "serious physical…”

Barth v. Commonwealth, 80 S.W.3d 390 (Ky. 2001). “KRS 508.020(1)(a),(b), and (c). Since Jackson did not suffer a serious physical injury, as that term is defined in KRS 500.”

Doneghy v. Commonwealth, 410 S.W.3d 95 (Ky. 2013).

— Ky. Rev. Stat. § 508.020(l)(c) — 10 cases

Thomas v. Commonwealth, 170 S.W.3d 343 (Ky. 2005).

Schrimsher v. Commonwealth, 190 S.W.3d 318 (Ky. 2006). “Appellant additionally argues that there was insufficient evidence to convict him of second-degree assault for causing the leg fractures because KRS 508.020 requires a “serious physical injury,” and no reasonable jury could conclude that the leg fractures constituted a “serious…”

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