Violent Crime Attorney in Johnson County

Facing Violent Crime Charges? Choose a Defense Team That Knows Johnson County

When criminal charges threaten your future, you need trusted legal support that understands both the law and the local system. At Garretson & Toth, LLC, we bring decades of courtroom experience and real insight into how violent crime cases progress in Johnson County. 

Our partners handle every case personally, guiding you through each step with clarity and focus. When the stakes are high, count on direct answers and steady advocacy from a violent crime defense lawyer in Johnson County who knows what you’re up against—and how to build a strong defense.

Contact our firm through our website or call (913) 971-0296 to schedule your free consultation and learn how our violent crime attorney in Johnson County can begin preparing your defense.

Understanding Violent Crimes Laws in Kansas

The State of Kansas categorizes most violent crimes as "person felonies," which carry the most severe penalties under the Kansas Sentencing Guidelines. These are offenses involving physical harm or the threat of physical harm against another individual. The consequences vary drastically based on the severity level of the alleged crime and the specific circumstances of the case.

Our firm handles a comprehensive range of serious charges, including:

• Aggravated Battery: This charge is one of the most frequently prosecuted violent crimes in Johnson County. It can be charged as a Severity Level 4, 5, 7, or 8 person felony, depending on the defendant's intent and the method used.
• Aggravated Assault: Defined as intentionally placing another person in reasonable apprehension of immediate bodily harm, committed with a deadly weapon or while disguised. This is typically a Severity Level 7 person felony.
• Kidnapping and Aggravated Kidnapping: These charges involve taking or confining a person with force or deception for purposes such as ransom, using them as a shield, facilitating another crime, or inflicting injury. Aggravated Kidnapping is a Severity Level 1 Person Felony, the most severe category on the Kansas sentencing grid.
• Domestic Battery and Aggravated Domestic Battery: Charges related to violence against a family member or dating partner are aggressively prosecuted in Johnson County courts. Aggravated domestic battery involves acts like strangulation or suffocation, significantly increasing the charge's severity.
• Homicide Offenses: Including Murder and Manslaughter charges, which are often "off-grid" felonies carrying lifetime consequences.

Successfully navigating these complex statutes requires an experienced violent crime attorney in Johnson County who understands the nuances of Kansas case law and the local courts. Our firm leverages this deep knowledge to build a robust defense.

Penalties and Collateral Consequences of Violent Crimes Convictions in Kansas

A conviction for violent crimes in Kansas triggers a dual set of severe penalties: the direct consequences imposed by the sentencing court and the collateral consequences that affect nearly every aspect of your life long after your sentence is served.

Direct Sentencing Consequences

Kansas utilizes a complex Sentencing Grid system for non-drug felonies. Your sentence will be determined by the intersection of two primary factors:

• The Severity Level of the Crime: Person felonies range from Severity Level 1 (most severe, e.g., Aggravated Kidnapping) to Severity Level 10. Most violent crimes fall within the 1-8 range.
• Your Criminal History Score: This ranges from Category A (most serious history) to Category I (no history).

The grid box at that intersection provides a presumptive sentencing range in months of incarceration.

• Presumptive Prison: For the most serious violent crimes, such as Aggravated Battery (Severity Level 4, Person Felony) and Aggravated Kidnapping (Severity Level 1, Person Felony), the sentence will be presumptive prison time. A judge can only grant probation in these cases if they find "substantial and compelling reasons" for a departure.
• Border Box Offenses: These are serious, yet allow the court to choose between a non-prison sentence (like probation) or incarceration.

As your Johnson County violent crime lawyer, we focus on mitigating the evidence presented against you, which can sometimes lead to a plea or conviction on a lower-severity offense, or arguing for a dispositional departure based on compelling mitigating factors in your life.

Collateral Consequences

The non-legal consequences of a violent felony conviction can be the most damaging, creating lifelong barriers:

• Loss of Civil Rights: You may permanently lose the right to possess firearms, the right to vote, and the ability to serve on a jury.
• Employment and Licensing: Convictions for violent crimes often disqualify individuals from employment in fields such as healthcare, education, law, and other licensed professions.
• Housing and Public Benefits: A conviction can lead to ineligibility for government-assisted housing and other essential public benefits.
• Immigration Status: For non-citizens, a violent crime conviction can lead to detention and deportation.
• Family Law Matters: A felony record significantly impacts child custody and visitation rights.

We discuss these issues upfront because the long-term impact is just as crucial as the immediate jail sentence. Our goal as your violent crime attorney in Johnson County is to secure an outcome that minimizes both direct and collateral damage.

Our Comprehensive Approach to Violent Crimes Defense in Johnson County

When you hire Garretson & Toth, LLC, you gain a dedicated violent crime attorney in Johnson County committed to leaving no stone unturned in your defense. Our approach is holistic, covering factual, legal, and constitutional challenges.

Factual Defenses: Challenging the State’s Narrative

We work to dismantle the facts presented by the prosecution. Potential defense strategies include:

• Self-Defense/Defense of Others: This is a powerful and frequently used defense in violent crimes cases. If you reasonably believed the use of force was necessary to prevent immediate bodily harm, this is a complete defense to the charges. We gather evidence, including witness testimony and scene reconstruction, to corroborate your claim.
• Mistaken Identity or Alibi: If the evidence points to a flawed identification process or if we can establish a credible alibi, the case against you crumbles.
• Lack of Intent: As discussed, we vigorously challenge the "knowingly" or "recklessly" elements required for the most serious violent crimes.

Constitutional and Legal Defenses

Beyond the facts of the incident, we probe the methods used by law enforcement and prosecutors to ensure your constitutional rights were not violated.

• Illegal Search and Seizure: We scrutinize the legality of the initial stop, arrest, and any searches performed by police. If evidence was obtained in violation of the Fourth Amendment, we fight to have it suppressed.
• Coerced Statements: If the police failed to properly read your Miranda rights or coerced a statement from you, we move to exclude those statements from trial.

This aggressive, two-pronged legal and factual strategy is what defines us as a leading Johnson County violent crime lawyer. We understand the critical difference an early intervention by a skilled violent crime attorney in Johnson County makes, which is why we offer a free consultation to begin work immediately.

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