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Domestic battery is a violent person offense in which bodily harm is inflicted upon one person in a domestic relationship from another. Kansas Statutes § 21-5414 also makes physical contact in a rude, insulting or angry manner an unlawful act. This domestic violence offense involves the actual use of force and legitimate contact. It is also important to understand that charges can still be filed even if there is no physical evidence of injuries or harm. The state of Kansas also imposes harsh sentencing enhancements for multiple offenders.
First Offense
A first time offender will be charged with a class B person misdemeanor.
They will also be required to serve a minimum of 48 consecutive hours
in jail, with a maximum sentence of six months and pay a fine of up to $500.
Second Offense
A second domestic battery conviction within five years will result in a
class A person misdemeanor. Minimum terms of imprisonment increase to
90 days, and maximum terms increase to one year. Fines can also be as
high as $1,000. Offenders will also be required to complete a treatment
program for domestic violence prevention.
Third Offense
A third or subsequent conviction within five years is considered a person
felony. Penalties include imprisonment for 90 days to one year, fines
up to $7,500 and mandatory completion of a domestic violence treatment program.
Kansas also allows for certain offenders to complete diversion programs in lieu of formal criminal proceedings and penalties. In addition, convicted offenders may also be eligible to obtain alternative sentencing options such as work release once they have served a percentage of their imprisonment.
While certain extenuating circumstances can influence your case, many domestic battery allegations can be swiftly and successfully resolved with immediate action. This is why Garretson & Toth, LLC encourages anyone accused of domestic battery to contact our firm as soon as possible after your arrest. We respond immediately and meet with clients on the same day they call. Do not wait until it is too late. Protect your rights and freedom by discussing your case with our Olathe criminal defense lawyer today.