When faced with a life-threatening situation, the decision to use a firearm in self-defense can be daunting. If you find yourself in such a situation, it’s imperative to understand how Kentucky law may interpret your actions. Recent updates to Kentucky’s wanton endangerment statute have added complexity to firearms and self-defense cases. At Haggard Law Office, we are committed to helping you navigate these legal waters. Here’s an overview of how the law applies and what recent changes could mean for your case.
What is Wanton Endangerment in the First Degree?
In Kentucky, first-degree wanton endangerment arises when an individual “wantonly engages in conduct that creates a substantial danger of death or serious physical injury to another person.” The awareness and conscious disregard of a significant and unjustifiable risk characterize wanton conduct.
For instance, discharging a firearm in an environment where others could be jeopardized may lead to a first-degree wanton endangerment charge, regardless of whether anyone is hurt. The critical factor is creating a serious risk to others, which could apply even in self-defense situations.
Recent Changes to the Wanton Endangerment Law
As of July 2024, Kentucky amended the first-degree wanton endangerment statute, resulting in increased penalties if a firearm is discharged. Previously classified as a D Felony, which carried a sentence of 1 to 5 years, it is now categorized as a C Felony with a penalty range of 5 to 10 years.
If you discharge a firearm in self-defense but law enforcement believes your actions were unjustified, you could face charges of first-degree wanton endangerment. While you can argue self-defense in court, it’s essential to recognize that this does not automatically protect you from a wanton endangerment charge, especially if your conduct is perceived as reckless.
Is Firing a Gun Considered a Violent Offense?
Kentucky law defines “violent offenses” as having significant implications for probation eligibility, parole calculations, and sentencing. Until July 15, 2024, first-degree wanton endangerment was not classified as a violent offense. However, an amendment made on this date now categorizes it as a violent offense if a firearm is discharged. This means a conviction would require serving at least 85% of your sentence, unlike non-violent C felonies, which could lead to earlier release opportunities.
What Should You Do if Charged?
If you find yourself facing charges after using a firearm in self-defense, consulting with a skilled criminal defense attorney is vital. Charles Haggard at the Haggard Law Office can assist you in understanding the complexities of your case and formulating a robust defense strategy that highlights the justification of your actions under Kentucky’s self-defense laws.
Your defense will revolve around the argument that your use of force was warranted and that you acted responsibly, given the circumstances. Given the gravity of wanton endangerment charges—especially those involving a firearm—it’s crucial to engage legal representation promptly to safeguard your rights.
For dedicated legal support, contact the Haggard Law Office at info@charleshaggardlaw.com or by phone at 270-885-1417. We are located at 201-A Country Club Ln, Hopkinsville, KY 42240. Let us help you protect your rights and navigate this challenging situation.