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.
“Scott's legal skills & finesse, courtroom experience, and commitment to this case were critical.”
“Because of you we have our son back with us, in our lives, every day, to touch, hug and converse with.”
“Your professionalism and compassion were outstanding.”
“I think you did a great job of making certain that the jurors kept their eye on the facts.”
“In our eyes, you went above and beyond what a lawyer usually does in a case.”
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.
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.
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.
Johnson County Domestic Battery Defense Firm
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.
Call (913) 971-0296! We respond immediately and meet with clients on the same day they call. Protect your rights and freedom by discussing your case with our Olathe criminal defense lawyer today, contact us today.
Aggressively Defending Our Clients for Over 57 Years
We Provide a Unique and Specialized Experience for Each Client Facing Criminal Charges
Our Firm Provides a Confidential Free Case Consultations
We Are Accessible to Our Clients and Will Return All Calls the Same Day
Our Team Is Committed to Obtaining the Best Possible Outcome for Our Clients
We Are Former Prosecutors, Armed With Invaluable Insights