Assault and Battery Defense Lawyer

It might be a bar fight, a road rage incident, a domestic dispute or unexpected verbal confrontation, when emotions spike, one poor decision can change your life forever.  What starts off as a small conflict can spiral out of control and end up in a criminal charge being filed. The days of law enforcement being called out and diffusing an argument and everyone going their separate ways are long over. If the cops get called out on an allegation of assault or battery there is a significant chance that someone is going to jail. 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 scary. Not knowing what to do, what to say or how best to navigate the situation can cause anxiety and trepidation about a person's future. Regardless of whether you believe you are guilty or feel as though the charges are being blown way out of proportion, options are available. From the outset of an allegation of aggravated assault or battery you need a an experienced criminal defense lawyer on your side.

Assault vs. Battery?

People often mistake assault for battery. In Kansas, they are two separate crimes. They have two separate Kansas Statutes and they each have vastly different punishments if convicted.

What is the law on Assault in Kansas?

K.S.A 21-5412. Assault is knowingly placing another person in reasonable apprehension of immediate bodily harm; Assault is a class C person misdemeanor. (Assault is punishable by up to 30 days in county jail)

What is the law on Aggravated Assault in Kansas?

K.S.A 21-5412. Aggravated assault is assault, committed: (1) With a deadly weapon; (2) while disguised in any manner designed to conceal identity; or (3) with intent to commit any felony. Aggravated assault is a severity level 7, person felony

What is the law on Battery in Kansas?

K.S.A. 21-5413. Battery is: (1) Knowingly or recklessly causing bodily harm to another person; or (2) knowingly causing physical contact with another person when done in a rude, insulting or angry manner; Battery is a class B person misdemeanor. (Battery 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 Battery in Kansas?

21-5413. Aggravated battery is: (1) (A) Knowingly causing great bodily harm to another person or disfigurement of another person; (this type of aggravated battery is a severity level 4, person felony)

(B) knowingly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; (this type of aggravated battery is a severity level 7, person felony); or

(C) knowingly causing physical contact with another person when done in a rude, insulting or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; (this type of aggravated battery is a severity level 7, person felony)

(2)(A) recklessly causing great bodily harm to another person or disfigurement of another person; (this type of aggravated battery is a severity level 5, person felony) or

(B) recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted. (this type of aggravated battery is a severity level 8, person felony)

What are the different 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 is intentionally placing someone in fear of bodily harm. That is all. No contact need be made between the people, just simply scaring someone.   

Example : Bob and John were drinking at a local bar. Words were exchanged, and Bob jumps up and acts like he is 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 is the exact same actions as assault, with one of the following additional actions. The assault was done with the intent to commit a felony, the assault was done by a masked person or the assault was committed with a deadly weapon.

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

Example 2. Same scenario as above only instead of hitting John with a beer bottle, Bob raises his shirt and shows John that he has a gun. Bob lowers his shirt and makes a threatening hand gesture directed at John. Even though Bob doesn’t physically touch John, Bob could be charged with aggravated assault for making threats while possessing a deadly weapon.  

Slight variations in circumstances can have a dramatic impact on the type of assault and state prosecutors work hard to prove intent. Only an experienced criminal defense attorney 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 on the actions of the defendant as well as the harm done to the alleged victim.

Simple Battery

Simple battery is intentionally touching someone in a rude angry or insulting manner.  There doesn't need to be a black eye or a bloody nose, just a simple touching. There is no requirement that harm was done to the alleged victim.

Example : Bob and John were drinking at a local bar. Words were exchanged, and Bob jumps up and pokes John with his finger and tells him to "back the fuck off". l John calls the police. Bob has just committed a simple battery. Even though no harm was done to John, Bob touched John in a rude angry or insulting manner.

Aggravated Battery

Aggravated Battery has many variations. In general, aggravated battery is the same as battery however there was actual harm to the alleged victim.

Example 1: A large fight breaks out at a local bar. Bob picks up a beer bottle and hits John in the head. John needed stitches. Bob could be charged with aggravated battery for using the beer bottle as a weapon.  (This would be an Agg Batt with Great Bodily Harm, a level 4 person felony)

Example 2. Same scenario as above only instead of John doesn't have to have stiches and he heals up just fine.  (This would be an Agg Batt with No Great Bodily Harm be a level 7 person felony)

Example 3. John an Bob are on the dance floor. John gets intoxicated and picks up metal pip and starts swinging it around the pipe hits Bob in the head and he has to have 5 stitches in his face.  John has committed an aggravated battery. (This would be an Reckless Agg Batt with Great Bodily Harm be a level 5 person felony)

Example 2. Same scenario as above only instead of Bob doesn't have to have stiches and he heals up just fine.  (This would be an Reckless Agg Batt with No Bodily Harm be a level 8 person felony)

Slight variations in circumstances can have a dramatic impact on the type of assault and state prosecutors work hard to prove intent. Only an experienced criminal defense attorney can provide trusted insight into understanding and evaluating the circumstances surrounding your charges.

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 permanent record 

The penalties for aggravated assault can include:  

• 11 to 34 months in prison 

• fines up to 100,000 

• a felony conviction on 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 permanent record 

The penalties for aggravated battery can include:  

• 7 to 172 months in prison 

• fines up to 100,000 

• a felony conviction on 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.