Assault and Battery Defense Lawyer

Battery Charge in Overland Park

Whether it's a bar fight, a road rage incident, a domestic dispute, or an unexpected verbal confrontation, when emotions flare, one poor decision can change your life forever. What starts as a minor conflict can quickly escalate, resulting in a battery charge in Overland Park. The days when law enforcement would simply diffuse an argument and allow everyone to go their separate ways are long gone. If the police are called due to an allegation of assault or battery, there is a significant chance that someone could face jail time. According to the Federal Bureau of Investigation, the number of aggravated assault cases continues to rise across the nation.

Facing an assault or battery charge alone is daunting. Not knowing what to do, what to say, or how to navigate the legal system can lead to anxiety and uncertainty about your future. Whether you believe you are innocent or feel that the charges are exaggerated, you have options. From the outset of an allegation of aggravated assault or battery, you need an aggravated battery attorney on your side.

Understanding Assault and Battery

What's the difference between Assault and Battery?

Many people confuse assault with battery, but in Kansas, they are two distinct crimes with separate statutes and significantly different punishments if convicted.

What is the Law on Assault in Kansas?

Under K.S.A 21-5412, assault is defined as knowingly placing another person in reasonable apprehension of immediate bodily harm. Assault is classified as a Class C person misdemeanor and is punishable by up to 30 days in county jail.

What is the Law on Battery in Kansas?

According to K.S.A. 21-5413, battery involves:

1. Knowingly or recklessly causing bodily harm to another person; or

2. Knowingly causing physical contact with another person in a rude, insulting, or angry manner.

Battery is classified as a Class B misdemeanor and is punishable by up to 180 days in county jail.

Many people believe the myth that an assault must involve physical violence. An assault, by definition, does not involve any touching at all by the defendant and the alleged victim. It is the simple act of scaring the victim that is the criminal act.

What is the law on Aggravated Assault in Kansas?

Under K.S.A 21-5412, aggravated assault is defined as:

1. Assault committed with a deadly weapon;

2. Assault while disguised to conceal identity; or

3. Assault with the intent to commit any felony.

Aggravated assault is classified as a Severity Level 7, Person Felony.

What is the law on Aggravated Battery in Kansas?

Section (1)(A): Knowingly causing great bodily harm or disfigurement to another person (Severity Level 4, Person Felony).

Section (1)(B): Knowingly causing bodily harm with a deadly weapon or in a manner that can inflict great bodily harm, disfigurement, or death (Severity Level 7, Person Felony).

Section (1)(C): Knowingly causing physical contact in a rude, insulting, or angry manner with a deadly weapon or in a manner that can inflict great bodily harm, disfigurement, or death (Severity Level 7, Person Felony).

Section (2)(A): Recklessly causing great bodily harm or disfigurement (Severity Level 5, Person Felony).

Section (2)(B): Recklessly causing bodily harm with a deadly weapon or in a manner that can inflict great bodily harm, disfigurement, or death (Severity Level 8, Person Felony).

Types of Assault

Because assault embodies a broad legal scope, it is important to understand two main assault types: simple assault and aggravated assault. The majority of assault charges will fall into these basic categories.  

Simple Assault

Simple assault involves intentionally placing someone in fear of bodily harm without any physical contact.

Example:
Bob and John are drinking at a local bar. Words are exchanged, and Bob jumps up, acting like he’s going to punch John in the face. John sees the punch coming and backs up. Bob has just committed a simple assault.

Aggravated Assault

Aggravated assault involves the same actions as simple assault but includes additional factors such as intent to commit a felony, using a masked identity, or possessing a deadly weapon.

Example 1:
A large fight breaks out at a local bar. Bob picks up a beer bottle, breaks it, and uses the broken bottle to threaten John. Bob could be charged with aggravated assault for using the beer bottle as a weapon.

Example 2:
In the same scenario, Bob raises his shirt to show John that he has a gun, making threatening hand gestures without physically touching John. Bob could be charged with aggravated assault for making threats while possessing a deadly weapon.

Importance of an Aggravated Battery Lawyer

Slight variations in circumstances can dramatically impact the type of assault charge and the outcome of the case. Only an experienced aggravated battery lawyer can provide trusted insight into understanding and evaluating the circumstances surrounding your charges.

What are the different types of Battery?

There are several different types of battery, and the severity of the charge and possible punishment varies significantly depending on the actions of the defendant as well as the harm done to the alleged victim.

Simple Battery

Simple battery involves intentionally touching someone in a rude, angry, or insulting manner without causing harm.

Example:
Bob and John are drinking at a local bar. Words are exchanged, and Bob jumps up, pokes John with his finger, and tells him to "back the fuck off." John calls the police. Bob has just committed a simple battery, even though no harm was done to John.

Aggravated Battery

Aggravated battery involves causing actual harm to the alleged victim, with various levels of severity based on the nature of the harm and the presence of weapons.

Example 1:
A large fight breaks out at a local bar. Bob picks up a beer bottle and hits John in the head, requiring stitches. Bob could be charged with aggravated battery for using the beer bottle as a weapon (Severity Level 4, Person Felony).

Example 2:
In the same scenario, if John heals up without needing stitches, Bob could be charged with aggravated battery without great bodily harm (Severity Level 7, Person Felony).

Example 3:
John gets intoxicated and picks up a metal pipe, swinging it and hitting Bob in the head, resulting in five stitches. John has committed aggravated battery (Severity Level 5, Person Felony).

Example 4:
Same as Example 3, but Bob heals without needing stitches. This would be reckless aggravated battery without bodily harm (Severity Level 8, Person Felony).

Importance of an Aggravated Domestic Battery Lawyer

Aggravated battery charges can vary significantly based on the circumstances. Only an experienced aggravated domestic battery lawyer can navigate these complexities and work towards the best possible outcome for your case.

What are the Penalties for Assault Charges?

 The penalties for simple assault include the following:  

• up to 1 month in jail 

• fines up to $500 

• misdemeanor conviction on a permanent record 

The penalties for aggravated assault can include:  

• 11 to 34 months in prison 

• fines up to 100,000 

• a felony conviction on a permanent record 

What are the Penalties for Battery Charges?

The penalties for simple assault include the following:  

• up to 180 days in jail 

• fines up to $2500 

• misdemeanor conviction on a permanent record 

The penalties for aggravated battery can include:  

• 7 to 172 months in prison 

• fines up to 100,000 

• a felony conviction on a permanent record 

What are the Possible Defenses 

An assault or battery conviction can have a devastating impact on your reputation and future. Even if you believe you are guilty, options are available that pursue the best possible outcome and protect your rights along the way.  A few common defenses that may be explored are: 

• Self-Defense – One of the most common defense strategies. A self-defense strategy is built on the premise that force or violence was used to protect against force or violence.    

• Defense of Others – Similar to self-defense but using force or violence in an attempt to protect someone other than self.  

• Defense of Property – It may be possible to demonstrate that force or violence was used to protect personal property from being invaded, stolen, or destroyed.  

The defenses available for assault and battery vary greatly depending on the facts and circumstances of the incident. Because of this, it is critical to rely on a criminal defense attorney who specializes in navigating assault charges.  Most people are just a simple error in judgment way from needing to hire an aggravated battery lawyer, if you find yourself facing an aggravated battery give our office a call today.

Why Choose Our Law Firm?

Experienced Aggravated Battery Attorney

At Roth Davies, LLC, our team of aggravated battery lawyers is dedicated to providing top-notch legal representation in Overland Park. With extensive experience in handling battery charges, we are committed to defending your rights and achieving the best possible outcome for your case.

Local Expertise in Overland Park

Our Overland Park battery charge lawyers understand the local legal landscape and have built strong relationships within the Johnson County court system. This local expertise is invaluable in navigating your case effectively.

Comprehensive Legal Support

We offer a full range of defense strategies tailored to your specific situation. Whether you are facing a simple battery charge or an aggravated domestic battery charge, our aggravated domestic battery lawyers are equipped to handle your case with professionalism and dedication.

Personalized Defense Strategies

Every case is unique, and we develop personalized defense strategies to meet your specific needs. Our aggravated battery attorneys work closely with you to understand the nuances of your case and build a robust defense.

Client-Centered Approach

At Roth Davies, LLC, we prioritize clear and open communication with our clients. Our criminal law firm ensures that you are informed and involved throughout the legal process, providing peace of mind during a challenging time.

Contact Us

If you are facing a battery charge in Overland Park or any other assault-related charges, Roth Davies, LLC is here to provide the expert legal representation you need. Our team of aggravated battery lawyers is ready to fight for your rights and help you navigate the complexities of the criminal justice system.

Contact us today to schedule a consultation with our experienced aggravated battery attorney and take the first step toward securing the best possible outcome for your case.