Although the terms "assault" and "battery" are often used interchangeably, or lumped together into one singular offense, it is important to understand that they are, in fact, two separate violent crimes. According to Kansas Code §21–3408, assault can be defined as any deliberate act or verbal threat that makes another person fear for their personal safety. The victim must only need to show that they felt imminently threatened at the time of the incident – meaning that you could be charged with assault even if you had not actually carried out an act of violence against them. According to Kansas Code §21–3412, battery can be defined as a crime in which one person physically inflicts harm upon someone else. This could include any act of slapping, shoving, punching, kicking, etc. In order to prove that a person is guilty of battery, however, it must be shown that physical contact was made.
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In the state of Kansas, one may be subjected to a number of different legal penalties for committing either an assault or battery offense. Even if no one was harmed in the incident, the offender could still face jail time and hefty fines. For this reason, it is crucial that you get in touch with our Olathe criminal lawyer from Garretson & Toth, LLC if you have been accused of committing any degree of assault or battery. In doing so, we may be able to assist you in combatting the following penalties:
- Simple Assault – One could be charged with simple assault if they have intentionally acted out in a manner that has made someone else fear for their personal safety. Should they be convicted of this misdemeanor, the offender could face up to 30 days in jail and a $500 fine. If the victim of the assault was a law enforcement officer, the penalties would increase to up to one year in jail and a $2,500 fine.
- Aggravated Assault – One could be charged with aggravated assault if the incident was carried out with the use of a deadly weapon, the offender wore a disguise or the intent was to commit a felony. In lieu of a conviction, the penalties could range from two years of probation to 34 months in prison. If it was a law enforcement officer that was assaulted, the penalties may range from two years of probation to 46 month in prison.
- Simple Battery – One could be charged with simple battery if they have intentionally or recklessly caused another person physical harm. The offense may be classified as either a misdemeanor or a felony, as it depends on the circumstances of the incident. The penalties may include up to 136 months in prison and a $2,500 fine, but they could vary if the victim was a law enforcement officer or a school employee.
- Aggravated Battery – One could be charged with aggravated battery, a felony offense, for a number of different reasons. If they have intentionally inflicted serious bodily harm and/or disfigured the victim, they could face up to 38 months in prison, while recklessly causing great bodily harm could result in up to 172 months in prison. If the victim was a law enforcement officer, however, one could expect to face up to 247 months in prison.
- Domestic Battery – One could be charged with domestic battery if they have inflicted harm upon a member of their household. The penalties will depend on whether it is a first, second or third offense. For example, a first offense could result in up to 6 months in jail and a $500 fine, a second offense could result in up to one year in jail and a $1,000 fine and a third (or subsequent) conviction could result in up to one year in jail and a $7,500 fine.
Speak with Our Johnson County Criminal Defense Attorney
If you have recently been arrested and charged with either assault or battery, you should waste no time in contacting an Olathe criminal defense lawyer from our firm. You could be facing serious time behind bars, so it is highly recommended that you take action while there is still time. Fortunately, getting started is easy – simply pick up the phone and give us and contact us at (913) 971-0296 for your free initial consultation. From there, one of our Olathe criminal attorneys at Garretson & Toth, LLC will be able to handle the rest.
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