Ky. Rev. Stat. » Chapter 508
Kentucky Revised Statutes

Ky. Rev. Stat. § 508.030 (2026)

Assault in the fourth degree

✓ current as of May 2026
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(1) A person is guilty of assault in the fourth degree when: (a) He intentionally or wantonly causes physical injury to another person; or (b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the fourth degree is a Class A misdemeanor. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 429, sec. 2, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 67, effective January 1, 1975.

Notes of Decisions
Cited in 72 cases (23 in the last 5 years), 1979–2026 · leading case: Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001).
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Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001). · cites it 4× “KRS 508.030(1). Hager did not appeal his conviction.”
David Alan Jenkins v. Commonwealth of Kentucky, 496 S.W.3d 435 (Ky. 2016). · cites it 2× “KRS 508.030. Prosecutor and jury discretion permeates our entire justice system.”
Brewer v. Commonwealth, 478 S.W.3d 363 (Ky. 2015). · cites it 8× “the fourth degree under KRS 508.030’within, five (5) years; and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.”
Smith v. Norton Hospitals, Inc., 488 S.W.3d 23 (Ky. Ct. App. 2016). · cites it 2× “210; or (f)Without a warrant when a violation of KRS 508.030 has occurred in' the emergency room of.”
United States v. Castleman, 134 S. Ct. 1405 (2014). “§ 707-712 (1994); Ky.Rev.Stat. Ann. § 508.030 (Michie 1990); Minn.”
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001). · cites it 2× “" The offense is identical to fourth-degree assault, KRS 508.030, except that the victim's status as a peace officer enhances the offense from a Class A misdemeanor to a Class D felony.”
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004). · cites it 2× “020(1)(c), from the Class A misdemeanor of assault in the fourth degree (wanton) ("assault 4th"), KRS 508.030(1)(a), is whether the injury sustained by the victim was a "physical injury" or a "serious physical injury.”
Taylor v. Commonwealth, 995 S.W.2d 355 (Ky. 1999). · cites it 2× “080(4)(a), Appellant could not have been convicted of assault in the fourth degree absent evidence that when he struck McCreary, he was acting recklessly, KRS 508.030(1),(2), i.e., that he failed to perceive the risk that McCreary would be injured as a result of being struck in…”
King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). · cites it 2× “” KRS 508.030(1) (emphasis added). So, when a person causes physical injury to another while being so inebriated as to satisfy KRS 501.”
Meadows v. Commonwealth, 178 S.W.3d 527 (Ky. Ct. App. 2005). · cites it 4× “KRS 508.030. 8 . KRS 510.140. 9 . Kentucky Rules of Criminal Procedure.”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “Code § 22-404 (a)(2) (same) ; Ky. Rev. Stat. Ann. § 508.030 (1)(b) (defining simple assault with a deadly weapon); Miss.”
Robert Sean Reed v. Campbell Cnty., Ky., 80 F.4th 734 (6th Cir. 2023). “015(3) (“Obstructing an emergency responder is a violation for a first offense, and a Class B misdemeanor for a second or subsequent offense”); Ky. Rev. Stat. § 508.030(2) (“Assault in the fourth degree is a Class A misdemeanor.”
Show all 72 citing cases →
— Ky. Rev. Stat. § 508.030(1) — 7 cases
Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001). “KRS 508.030(1). Hager did not appeal his conviction.”
Taylor v. Commonwealth, 995 S.W.2d 355 (Ky. 1999). “080(4)(a), Appellant could not have been convicted of assault in the fourth degree absent evidence that when he struck McCreary, he was acting recklessly, KRS 508.030(1),(2), i.e., that he failed to perceive the risk that McCreary would be injured as a result of being struck in…”
King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). “” KRS 508.030(1) (emphasis added). So, when a person causes physical injury to another while being so inebriated as to satisfy KRS 501.”
Jones v. Commonwealth, 737 S.W.2d 466 (Ky. Ct. App. 1987).
Andre Morris v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
— Ky. Rev. Stat. § 508.030(1)(a) — 4 cases
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004). “020(1)(c), from the Class A misdemeanor of assault in the fourth degree (wanton) ("assault 4th"), KRS 508.030(1)(a), is whether the injury sustained by the victim was a "physical injury" or a "serious physical injury.”
Ronald Exantus v. Commonwealth of Kentucky (Ky. 2020).
Ruben Johnson, IV v. Commonwealth of Kentucky (Ky. 2023).
Blankenship v. Shelter Gen. Ins. Co. (W.D. Ky. 2022).
— Ky. Rev. Stat. § 508.030(1)(b) — 2 cases
Nicholas Seth Peek v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
Jamie Simpson v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 508.030(2) — 3 cases
Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001). “KRS 508.030(1). Hager did not appeal his conviction.”
Robert Sean Reed v. Campbell Cnty., Ky., 80 F.4th 734 (6th Cir. 2023). “015(3) (“Obstructing an emergency responder is a violation for a first offense, and a Class B misdemeanor for a second or subsequent offense”); Ky. Rev. Stat. § 508.030(2) (“Assault in the fourth degree is a Class A misdemeanor.”
Commonwealth v. Philpott, 75 S.W.3d 209 (Ky. 2002).
— Ky. Rev. Stat. § 508.030(b) — 1 case
Rowe v. Commonwealth, 50 S.W.3d 216 (Ky. Ct. App. 2001).
— Ky. Rev. Stat. § 508.030(l)(a) — 4 cases
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004). “020(1)(c), from the Class A misdemeanor of assault in the fourth degree (wanton) ("assault 4th"), KRS 508.030(1)(a), is whether the injury sustained by the victim was a "physical injury" or a "serious physical injury.”
King v. Commonwealth, 513 S.W.3d 919 (Ky. 2017). “” KRS 508.030(1) (emphasis added). So, when a person causes physical injury to another while being so inebriated as to satisfy KRS 501.”
Meadows v. Commonwealth, 178 S.W.3d 527 (Ky. Ct. App. 2005). “KRS 508.030. 8 . KRS 510.140. 9 . Kentucky Rules of Criminal Procedure.”
Ison v. Commonwealth, 271 S.W.3d 533 (Ky. Ct. App. 2008).
— Ky. Rev. Stat. § 508.030(l)(b) — 2 cases
McDaniel v. Commonwealth, 415 S.W.3d 643 (Ky. 2013).
Meadows v. Commonwealth, 178 S.W.3d 527 (Ky. Ct. App. 2005). “KRS 508.030. 8 . KRS 510.140. 9 . Kentucky Rules of Criminal Procedure.”
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