Assault Defense Attorneys in Overland Park, Kansas

From bar fights to road rage, domestic disputes, and unexpected verbal confrontations, when emotions spike, one poor decision can change your life forever.  

According to the Federal Bureau of Investigation, the number of aggravated assault cases continues to rise across the nation. What may be even more alarming is recent data posted in the National Law Review stated nearly 77% of Americans that experienced a recent legal issue declined attorney representation.   

Facing an assault charge alone is risky. Regardless of whether you believe you are guilty or feel as though the charges are being blown way out of proportion, options are available. At Roth Davies LLC, we are ready to fully investigate the circumstances surrounding your case and build your defense. Protect your rights and freedom. Call 913-451-9500 or schedule a consultation to get started. 

Defining Assault 

Many people believe the myth that an assault must involve physical violence. In truth, assault covers a broad category of criminal charges, and not every assault is physical. Most generally, assault can be defined as the unwanted touch or verbal threat directed at another person.  

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 or recklessly causing injury or threatening to cause harm that results in minimal injury. Simple assault is typically a misdemeanor offense.   

Example 1: Bob and John were drinking at a local bar. Words were exchanged, and Bob slapped John in the face, causing minor bruising to John’s cheek. In this example, Bob could be charged with simple assault.  

Example 2: Same scenario as above only instead of striking John, Bob makes a fist and moves it towards John’s face. Although he doesn’t hit John, Bob tells John to “watch his back when he leaves.” Even though he didn’t make physical contact with John, Bob could still be charged with simple assault for his verbal threats.  

Aggravated Assault  

Aggravated assault is when someone intentionally or recklessly causes serious injury or harm. Aggravated assault typically involves a weapon or threatening object that is used in the assault. Aggravated Assault is generally a felony offense.  

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 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.

Possible Penalties 

Kansas evokes harsh penalties for assault convictions. Although the circumstances surrounding every case are unique, there are a few general guidelines that dictate the possible penalties associated with a conviction.  

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:  

• up to 2 years in prison 

• fines up to 100,000 

• a felony conviction on permanent record 

It is important to note that these guidelines typically apply to first-time offenders. Depending on your criminal record or other mitigating factors, you could be subject to additional charges or more severe penalties.  

Possible Defenses 

An assault 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 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.