Domestic Battery Attorney in Olathe

What Is Domestic Battery?

Kansas Statutes § 21-5414 defines domestic battery as a violent offense where bodily harm is inflicted upon a domestic partner which is a class B misdemeanor with up to 6 months in jail &/or up to $500 in fines. This extends to unlawful physical contact in a rude, insulting, or angry manner.

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.

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What Is Aggravated Domestic Battery?

According to Kansas state code, a domestic battery charge can be elevated to aggravated domestic battery if an individual’s airway or blood circulation is being obstructed during the offense. This charge is considered a severity level 7 person felony. The penalty for such a charge will differ depending on previous offenses and if there has or have been protective orders made. 

Facing a domestic battery charge in Olathe? Contact our firm today.

Domestic Battery Penalties in Kansas

• 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.