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:
Knowingly or recklessly causing bodily harm to another person; or
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:
Assault committed with a deadly weapon;
Assault while disguised to conceal identity; or
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
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 Penalties for Assault Charges?
- up to 1 month in jail
- fines up to $500
- misdemeanor conviction on a permanent record
- 11 to 34 months in prison
- fines up to 100,000
- a felony conviction on a permanent record
- up to 180 days in jail
- fines up to $2500
- misdemeanor conviction on a permanent record
- 7 to 172 months in prison
- fines up to 100,000
- a felony conviction on a permanent record
What are the Possible Defenses
- 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.
Why Choose Our Law Firm?
Experienced Aggravated Battery Attorney
Local Expertise in Overland Park
Comprehensive Legal Support
Personalized Defense Strategies
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.