All assault offenses in the state of Kansas are considered “person felonies”. This separates them from property crimes and designates them as a violent offense often carrying stiffer penalties and a heavier stigma both within the courts and within the community.
When you are facing charges as serious as these, you can’t do it alone. It will feel like the entire system is against you. To have a criminal defense attorney is to have someone who is interested in your justice, your freedom, and interested in serving your needs in court.
Kansas Assault Charges & Penalties
Simple assault, under Kansas law, is considered the least serious of all assault offenses. It is still a serious criminal charge, however.
Under the law, simple assault is defined as intentionally putting someone in fear of immediate bodily harm. This fear must be reasonable. And yes, you read correctly- you don’t have to even touch someone to be found guilty of this offense.
Simple assault, sometimes referred to as “assault” is considered a Class C person misdemeanor. This means it carries a potential 30 days in jail and $500 in fines.
This offense is more serious than simple assault and is defined as causing reasonable fear of imminent bodily harm while using a deadly weapon, while disguised, or while intending to commit a felony.
Similarly to simple assault, aggravated assault requires no physical contact at all.
This is a Level 7 person felony which carries up to 13 months in prison. If you have any criminal record, even misdemeanors, this potential sentence can be increased significantly.
Ref: KSA 21-3410
Kansas Battery Laws
What separates an assault charge from a battery charge is physical contact. You could face this very serious charge if you are believed to have:
- Recklessly or intentionally causing harm to someone, or
- Physically causing rude, insulting or angry physical contact on another person.
This offense is considered a Class B person misdemeanor and is typically punished with up to 6 months in jail and fines reaching $1,000.
Ref: KSA 21-3412
Aggravated Battery is the most serious assault crime on the books, aside from attempted murder and similar charges. An aggravated battery charge may be levied against you if you are believed to have intentionally or recklessly caused:
- Great bodily harm to someone,
- Bodily harm to someone with the use of a deadly weapon, or
- Physical contact in a rude or insulting manner with a deadly weapon whereas great bodily harm was a possibility.
Just how this crime is charged varies depending on the circumstances of the case. In general, however, you could face up to 43 months in prison for this offense even with a clean criminal record.
Ref: KSA 21-3414
If you’re facing charges like these in Kansas, you need the expertise of a local defense attorney. We maintain a network of criminal defense lawyers across the country. Contact us today to get a consultation with a Kansas attorney about your assault & battery charge.