Paul’s injuries and his aide’s statement do not bode well for Boucher. Currently, he is charged with assault in the fourth degree, which is a misdemeanor. But that could change — so could the potential consequences if he is found guilty.
A defendant is guilty of assault in the fourth degree if he is found to have intentionally or wantonly caused physical injury to the victim. “Physical injury” is defined as substantial physical pain or impairment of physical condition, under Kentucky law.
The difference between this misdemeanor assault and felony assault in the second degree comes down to one word: “Serious."
A person commits felony second degree assault when he intentionally causes serious physical injury, according to Kentucky law, which is more than just physical injury. It includes prolonged impairment of health, or impairment of the function of any bodily organ, and broken ribs and impairment of the lungs appear to qualify. Ultimately, whether an injury is serious or just a misdemeanor injury is up to the jury at trial.
Paul’s newly-reported, more serious injuries could lead the state prosecutors to charge Boucher instead with the more-serious felony assault. The difference is punishment is massive. The misdemeanor assault carries a maximum term of a year of confinement, while a felony assault conviction carries a minimum of five and a maximum of ten years.
Could Boucher be charged with a federal crime? Ordinarily, an assault on an ordinary citizen does not involve federal law. But Paul is a U.S. senator, and federal law criminalizes assaults on members of Congress. Lesser assaults, like throwing a punch without landing the blow, or a slap that doesn’t injure, are punishable by one year of imprisonment and a fine.
Assaults that result in any personal injury are punishable by up to ten years of imprisonment.